The Board has remanded the Veteran's claims for right knee disabilities due to a duty to assist error, specifically failing to obtain relevant non-VA treatment records.
The deciding factor: The AOJ did not attempt to obtain pertinent, outstanding non-VA treatment records identified during the August 2021 VA examination.
- Claimed conditions
- right knee status post partial lateral meniscectomy, non-repairable rupture of anterior cruciate ligament (ACL), right knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2024
- Citation
- A24056215
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 A24056215.
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
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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board has determined that the VA examinations provided for the Veteran's knee and palatal tympanic myocronus claims were inadequate, and thus these cases must be remanded to obtain new evaluations.
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