The Board remands the Veteran's claims for a higher rating for hepatitis B, left knee total joint replacement, right knee total joint replacement, and left knee surgical scar to ensure that due process is followed and there is a complete record upon which to decide the Veteran's claims.
The deciding factor: A new VA examination is warranted to determine the current severity of the Veteran's service-connected conditions as the last examinations were conducted several years ago and recent treatment records indicate worsening symptoms.
- Claimed conditions
- hepatitis B, left knee total joint replacement, right knee total joint replacement, left knee surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2024
- Citation
- 24002896
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.
- Denied
The Board denied the Veteran's claim for a compensable rating for their left knee surgical scar, as the evidence did not support an area of 144 square inches or greater and there was no indication of instability or pain.
- Partly granted
The Board granted service connection for a neck disability, back disability, GERD, hepatitis B, atopic dermatitis, and OSA. Tinnitus was denied.
- Dismissed
The appeal was dismissed for claims related to an effective date prior to November 14, 2016, for the grant of service connection and increased ratings.
- Dismissed
The Board denied the veteran's requests for extensions of time to file appeals regarding rating decisions that denied service connection for hepatitis B and tinnitus, finding no good cause for late filings.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.