The Board remands the claims for a higher rating for right knee degenerative joint disease with limitation of flexion and instability and excision of menisci to ensure proper VA examination.
The deciding factor: Remand is necessary due to a breach in VA's pre-decisional duty to assist by not providing an examination despite initiating its own review of the Veteran's claim.
- Claimed conditions
- right knee degenerative joint disease (DJD) with limitation of flexion, right knee DJD with instability and excision of menisci
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066117
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.
- Dismissed
The veteran withdrew all issues on appeal, so the Board dismissed them.
- Remanded (sent back)
The Board remands the appeal for further development, including verification of the Veteran's mailing address and sending him copies of all VA correspondence that has not been sent to his personal address since appointment of a fiduciary.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.