The Board reopened the claims for service connection for a bilateral knee disorder and a low back disorder based on new and material evidence, but remanded them for further development.
The deciding factor: The February 2020 VA examination reports provided diagnoses of bilateral knee strain and degenerative disc disease, respectively, which were not previously of record and addressed the basis of the prior final denials - namely, a currently diagnosed condition. However, the opinions from the February 2020 examiners were found inadequate as they relied on the absence of evidence without considering the Veteran's lay statements.
- Claimed conditions
- bilateral knee disorder, low back disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001854
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claim for service connection for a low back disorder to obtain additional medical evidence and ensure that the Veteran is afforded every possible consideration.
- Dismissed
The appeal for service connection for a low back disorder was dismissed as the RO granted service connection in a November 2023 rating decision.
- Remanded (sent back)
The Board remands the claim for a low back disorder to obtain additional evidence and an adequate medical opinion in compliance with previous remand instructions.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.