The Board remands the claims for increased ratings of lumbar spine degenerative disc disease with arthritis, right knee patellofemoral syndrome, and left knee patellofemoral syndrome to correct a pre-decisional duty to assist error.
The deciding factor: The RO failed to obtain a medical opinion that assessed both the severity of the Veteran's lumbar spine and bilateral knee disabilities and the probative weight of the Veteran's private medical evidence.
- Claimed conditions
- lumbar spine degenerative disc disease with arthritis, right knee patellofemoral syndrome, left knee patellofemoral syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065523
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.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Remanded (sent back)
The Board remands the case for further development and readjudication of the veteran's claims.
- Partly granted
The Board denied the Veteran's claims for increased ratings and service connection, except for separate awards of service connection for left knee instability and right knee instability.
- Denied
The Board denied the Veteran's claims for increased ratings and earlier effective dates for service connection for right and left knee patellofemoral syndrome, finding that the evidence did not support a rating higher than 10 percent or an earlier effective date.
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