The Board remands the issue of entitlement to compensation under 38 U.S.C. § 1151 for a left knee total arthroplasty due to a need for a medical opinion regarding whether the proximate cause of the Veteran's additional disabilities was carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.
The deciding factor: The decision is based on the necessity of obtaining a medical opinion to determine if the VA treatment was at fault for causing additional disabilities.
- Claimed conditions
- left knee total arthroplasty
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000286
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 30 percent for right and left knee total arthroplasty to obtain additional medical evidence regarding the severity of the Veteran's knee disabilities without considering the ameliorative effects of pain medication.
- Granted
The Board granted a 60 percent rating for the Veteran's left knee total arthroplasty, finding that the chronic residuals more nearly approximated severe painful motion or weakness.
- Granted
The Veteran's service-connected disabilities result in the need for regular aid and attendance, thus granting special monthly compensation (SMC) based on aid and attendance status.
- Denied
The Board denied the veteran's appeal for increased ratings for right and left knee conditions, finding that the evidence did not support a higher rating based on painful range of motion.
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