The Board remands the claims for increased ratings and special monthly compensation due to outstanding VA treatment records, inadequate examination reports, and a duty to assist error.
The deciding factor: The August 2021 VA examinations did not adequately address the requirements of Correia v. McDonald and Sharp v. Shulkin, and there were unassociated relevant non-VA treatment records that needed to be obtained.
- Claimed conditions
- right knee patellofemoral pain syndrome, left knee osteoarthritis, lumbar discogenic disease at L2/L3 with degenerative arthritis, status post spinal fusion, bilateral clawfoot with plantar fasciitis, pes cavus, hammer toes, and right foot Morton's neuroma, and residuals fracture third metatarsal, with congenital pes cavus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065818
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 claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Granted
The Board granted a 30 percent rating for right knee patellofemoral pain syndrome, right knee instability, and separate 40 percent rating for right knee limitation of extension prior to July 27, 2019.
- Partly granted
The Board granted a 40 percent rating for lumbosacral strain and denied or remanded the other issues on appeal.
- Dismissed
The veteran withdrew all pending appeals on April 28, 2025.
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