The Board remands the claims for an adequate medical opinion to determine if the Veteran's left and right knee procedures were performed to treat her now service-connected arthritis, as well as whether her current knee disabilities are related to service.
The deciding factor: The September 2023 VA medical opinions are inadequate because they failed to address the questions posed by the Board's April 2023 remand and did not adequately consider the Veteran's lay statements regarding in-service symptoms and post-service continuity of symptoms.
- Claimed conditions
- Arthritis, left knee, Arthritis, right knee, Meniscal tears, left knee, Patella chondromalacia, left knee, Pseudogout, left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2024
- Citation
- 24003475
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.
- Granted
The Veteran's service-connected left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Denied
The Board denied service connection for a right leg disability, kidney cancer, including residuals, and bilateral knee disabilities as the evidence did not support that these conditions began during active service or are related to an in-service injury or disease.
- Dismissed
The appeal for service connection for headaches, erectile dysfunction, hypertension, right knee, left knee, and right shoulder was dismissed due to the untimely filing of the Board Appeal request.
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