The Board has remanded the claims for service connection for right knee strain and osteoarthritis of the left knee due to a duty to assist error. The Veteran's current knee disabilities are presumed to have existed prior to service, but the presumption has not been rebutted by clear and unmistakable evidence.
The deciding factor: The Board found that VA did not obtain adequate medical opinions as to the etiology of the Veteran's right knee strain and osteoarthritis left knee prior to the issuance of the rating decisions on appeal.
- Claimed conditions
- Right knee strain, Osteoarthritis of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 16, 2024
- Citation
- A24038355
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 A24038355.
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 Board denied the Veteran's claim for service connection of a right knee disability, finding that there was no nexus between his current condition and active duty service.
- Granted
The Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection of a right knee condition due to inadequate VA opinions and incomplete record development regarding his National Guard service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for bilateral knee strains with shin splints due to a pre-decisional duty to assist error. A new VA examination is required to assess the severity of the Veteran's knee disabilities, including during flare-ups.
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