The Board remands the claim for a disability rating in excess of 10 percent for the Veteran's right knee disability to schedule another VA examination due to the Veteran not attending the originally scheduled examination without good cause.
The deciding factor: The lack of evidence showing the Veteran received notice of the scheduled examination and the failure to receive such notice is considered a pre-decisional violation of the duty to assist, leading to the remand for a new examination.
- Claimed conditions
- Residual injury right knee status post arthroscopic reconstruction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067860
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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Other Board decisions on a similar condition or argued the same way.
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