The Board has remanded the claims for increased ratings for degenerative disease of the lumbar spine, left knee patellofemoral syndrome, and right knee joint strain with patellofemoral syndrome due to inadequate VA examinations.
The deciding factor: The VA examinations did not comply with the requirements in Sharp v. Shulkin (2017) regarding flare-ups and functional loss during such events.
- Claimed conditions
- Degenerative disease of the lumbar spine, Left knee patellofemoral syndrome, Right knee joint strain with patellofemoral syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2024
- Citation
- 24016640
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 24016640.
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 Veteran's claims for service connection for bilateral lower extremity radiculopathy on the basis of CUE in the February 1996 rating decision have been denied. The May 2022 rating decision is also dismissed as it failed to grant service connection.
- Granted
The Board has granted service connection for degenerative disease of the lumbar spine, finding that the Veteran's current diagnosis and continuous low back symptomology since separation from service are sufficient to meet the criteria for presumptive service connection.
- Granted
The Veteran is granted a TDIU for the period from May 25, 2016 to January 18, 2017 due to his service-connected disabilities.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 7, 2017, but no earlier, to July 26, 2019, and he was granted basic eligibility for DEA benefits during the same period.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.