The Board has found pre-decisional duty-to-assist errors in the right knee and scar disability claims, requiring VA examinations to be conducted for proper evaluation.
The deciding factor: There were inadequate examinations that did not comply with the requirements of case law regarding range of motion testing during flare-ups and consideration of pain.
- Claimed conditions
- right knee degenerative arthritis status post microfracture surgery, scar disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2024
- Citation
- A24060513
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 A24060513.
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 service connection for the claimed disabilities as there was no evidence of a current disability or a nexus to service.
- Remanded (sent back)
The Veteran's petition to reopen his claim for service connection for warts was granted. The claims for service connection for a skin disability (warts), scar disability, and acquired psychiatric disability are remanded due to the need for additional medical examinations.
- Dismissed
The Veteran withdrew his appeal for an increased rating for his service-connected scar disability, and the Board dismissed the appeal as a result.
- Denied
The Veteran's TDIU claim for the period prior to May 25, 2012 is denied because he was employed full-time until that date and did not meet the criteria for a TDIU due to his service-connected disabilities.
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