The Veteran's claims for increased ratings of his service-connected left knee, right knee, and lumbar spine disabilities are being remanded due to inadequate examination reports and the need for clarification regarding flare-ups.
The deciding factor: The Board found that the previous VA examinations were inadequate as they did not comply with the requirements in Correia v. McDonald (2016) and failed to provide range of motion measurements in weight-bearing or non-weight-bearing for the knees and lumbar spine, nor clarify whether the Veteran had flare-ups during the February 2021 VA examination.
- Claimed conditions
- left total knee replacement, right knee lateral instability, lumbar spinal fusion and lumbar degenerative disc disease with retrolisthesis status-post laminectomy and fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 15, 2024
- Citation
- A24037938
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 A24037938.
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 service-connected conditions do not result in loss of use of the bilateral lower extremities, and therefore he is not entitled to special monthly compensation based on such.
- Denied
The Board has determined that the Veteran's claimed conditions, including prostate cancer, hypertension, diabetes mellitus, type II, diabetic nephropathy and end stage renal disease with dialysis, diabetic peripheral neuropathies of various extremities, erectile dysfunction, lumbar spine strain with degenerative arthritis and intervertebral disc syndrome, and bilateral knee replacements, do not meet the criteria for service connection based on direct evidence or presumptive exposure to herbicide agents. The Board also found that there was no qualifying exposure to toxic environmental exposures during service.
- Remanded (sent back)
The Board has decided to remand the claims of service connection for bilateral total knee replacements due to insufficient evidence regarding their onset and relation to active service.
- Dismissed
The Board has dismissed the Veteran's legacy appeals regarding increased ratings for his service-connected bilateral knee and scar issues due to a mistake in classification of the appeal as a legacy appeal instead of an AMA review system.
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