The Board has remanded the case due to inadequate reasons or bases for finding that the Veteran did not meet the requirements for extraschedular TDIU prior to September 7, 2016. The Court also found that if the Board maintained that the Veteran's 2016 VA examination was inadequate, that the Board was required to provide an adequate examination.
The deciding factor: The Court found that the reasons or bases for finding that the Veteran did not meet the requirements for extraschedular TDIU prior to September 7, 2016 were inadequate and required a new retrospective medical opinion.
- Claimed conditions
- Left knee osteoarthritis, Left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2024
- Citation
- 24015844
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 24015844.
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 Board has granted service connection for osteoarthritis of the right knee and left knee, finding that the Veteran's current conditions are related to his military service. The issue of entitlement to service connection for obstructive sleep apnea is remanded due to potential toxic exposure in service.
- Granted
The Board has granted effective dates of June 17, 2010 for service connection and separate ratings for right knee instability and left knee instability.
- Granted
The Veteran's right knee meniscal tear with osteoarthritis rating was restored to 40%, and an effective date of July 26, 2013, for SMC based on need for aid and attendance was granted. The intermediate rate SMC effective date also aligns with this date.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection are not properly before it due to procedural errors and remanded for further development, including obtaining VA treatment records and scheduling a VA examination.
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