The Board has remanded the claims for increased ratings for right and left knee conditions due to a pre-decisional duty to assist error in obtaining an adequate VA examination.
The deciding factor: The Board found that the VA examination did not include necessary information, such as range of motion testing under the appropriate criteria.
- Claimed conditions
- right knee joint osteoarthritis, left knee meniscal tear with osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2024
- Citation
- A24044219
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 A24044219.
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 service-connected disabilities render him unable to secure and follow a substantially gainful occupation.
- Remanded (sent back)
The Veteran's TDIU claim is being remanded due to the need for additional evidence, including SSA disability records. The AOJ will consider the recent grants of service connection in conjunction with the TDIU application.
- Partly granted
The appeal for a disability rating in excess of 10 percent for left knee meniscal tear with osteoarthritis is dismissed.,The appeal for an effective date prior to July 19, 2024, for service connection for tinnitus is denied.
- Granted
The Board has granted service connection for degenerative arthritis in the right elbow, right knee joint osteoarthritis, and residuals of a ventral hernia. The Veteran's preexisting conditions worsened during his active duty service.
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