The Board has determined that the VA examinations provided for the Veteran's right shoulder, right ankle, and bilateral knee disabilities are not compliant with the requirements in Sharp v. Shulkin and Correia v. McDonald. Therefore, these matters must be remanded to obtain new VA examinations.
The deciding factor: The VA examinations did not comply with the requirements set forth in Sharp v. Shulkin and Correia v. McDonald for assessing the extent of any additional functional loss suffered during flare-ups and providing complete range-of-motion measurements in passive, weight-bearing or nonweight-bearing testing.
- Claimed conditions
- right shoulder rotator cuff tendonitis, right ankle degenerative arthritis, left knee degenerative arthritis, right knee degenerative arthritis status post meniscal repair surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2024
- Citation
- A24036159
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 A24036159.
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 Veteran's claim for service connection for left knee degenerative arthritis is dismissed. The claims for service connection for psychiatric disability, bilateral hearing loss, and other conditions are granted.
- Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for left knee degenerative arthritis and shin splints due to insufficient rationale in the previous VA examination. The case is now pending with a request for a new opinion.
- Granted
The Board has granted service connection for right knee disability, left knee arthritis, and bilateral knee instability. The decision is based on the Veteran's competent and credible lay evidence regarding the onset of symptoms in service.
- Granted
The Veteran's claims for service connection and increased ratings have been granted. The initial rating of 10 percent, but not higher, has been assigned for pulmonary sarcoidosis. Service connection has also been established for migraine headaches, degenerative arthritis in the left knee, right knee disorder (osteoarthritis), right ankle sprain, right shoulder rotator cuff tendonitis, bilateral flat feet, and various foot conditions.
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