The Board remands the matter for further development, including obtaining a more contemporaneous VA examination and addendum opinions regarding the severity of the Veteran's service-connected knee and back disabilities.
The deciding factor: Remand is necessary to ensure compliance with the Joint Motion for Partial Remand and to address the Veteran's concerns regarding the qualifications of the examiner.
- Claimed conditions
- Chondromalacia patella of the right knee, limitation of flexion, Chondromalacia patella of the left knee, limitation of flexion, Limitation of extension of the left knee, Limitation of extension of the right knee, Chronic low back strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2024
- Citation
- 24033168
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.
- Remanded (sent back)
The Board remands the claims for a new VA examination to determine the current nature and severity of the Veteran's bilateral knee disabilities, as well as the issue of entitlement to special monthly compensation based on loss of use of the lower extremities.
- Granted
The Veteran's service-connected disabilities prevent him from attending to the needs of nature, caring for himself, or protecting himself from the hazards of his environment, thus granting special monthly compensation (SMC) based on aid and attendance.
- Denied
The veteran's claim for a temporary total rating for convalescence related to right hip surgery was denied due to lack of evidence showing the need for convalescence.
- Denied
The Board denied the veteran's claims for higher ratings for bilateral hip disabilities, including femoral neck stress fractures and limitations of extension, flexion, and adduction.
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.