The appeal is remanded to provide the Veteran with another VA examination to obtain adequate etiology opinions that apply the new 'but-for standard' of Spicer, supra, when opining if any of the Veteran's disabilities are secondary to an already service-connected disability.
The deciding factor: The Board erred in its reliance on July 2022 C&P examiner opinions which did not use the but-for standard as required by the Court decision.
- Claimed conditions
- left hip disorder, right hip disorder, left knee disorder, left foot disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- 24031914
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Remanded (sent back)
The Board remands the claim for a left hip disorder to be further developed, including an examination.
- Remanded (sent back)
The Board remands the claims for service connection for right and left knee disorders to obtain a new examination that adequately addresses all pertinent evidence of record.
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