The Board has found a predecisional duty to assist error due to the lack of information regarding the Veteran's functional ability and range of motion during flare-ups and after repeated use over time, as well as an inadequate review of his history of right knee instability. The case is being remanded for further examination.
The deciding factor: The Board found that the November 2019 VA examination did not adequately assess the Veteran's functional ability and range of motion during flare-ups and after repeated use over time, which are critical factors in evaluating his service-connected right knee tendonitis.
- Claimed conditions
- Right Knee Tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2024
- Citation
- A24037494
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 A24037494.
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 Veteran's appeal for an evaluation greater than 10 percent for right knee tendonitis with degenerative arthritis was withdrawn.,Service connection for PTSD has been granted, as the evidence is at least in equipoise that the Veteran's PTSD was caused by an in-service stressor.
- Granted
The Veteran is granted a total disability rating due to individual unemployability (TDIU) from January 1, 2019, and an effective date of the same for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
- Granted
The Veteran's PTSD is rated at 70 percent from September 4, 2008. A TDIU was granted prior to March 12, 2009 and from March 12, 2009 onwards.
- Granted
The Veteran's service-connected disabilities render him unable to obtain and/or maintain a substantially gainful occupation.
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