The Board remands the matters for further development, including obtaining an addendum opinion to assess the retrospective severity of the Veteran's service-connected right knee disability.
The deciding factor: The June 2022 VA medical opinion was deemed inadequate as it did not report the Veteran's functional loss during flare-ups or explain the basis for the conclusion that the examiner cannot offer an opinion on estimation of functional loss without resort to speculation, as required by Court decisions in Mitchell v. Shinseki and Sharp v Shulkin.
- Claimed conditions
- right knee medial meniscectomy with traumatic arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066338
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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.