The Board remands the matter for a new VA examination to address the nature and etiology of the Veteran's bilateral knee disability, including whether it is related to service or secondary to his service-connected disabilities.
The deciding factor: The March 2023 VA medical opinion was found inadequate due to reliance on an inaccurate factual premise regarding the development of arthritis and failure to consider lay statements and medical articles submitted by the Veteran.
- Claimed conditions
- bilateral knee disability, to include arthritis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001347
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 service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Denied
The Board denied service connection for chest pain, a gastrointestinal disability, a neck disability, and a bilateral knee disability. The Veteran was also denied a compensable rating for iliotibial band syndrome of the right hip and for right hip limitation of extension.
- Granted
The Board granted service connection for multiple conditions, including bilateral foot disability, knee disability, ankle disability, cervical degenerative disc disease, spondylosis, and cervicalgia, secondary to a service-connected lumbar strain, as well as GERD. The claims of readjudication were also granted.
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