The Veteran's claims for higher disability ratings are being remanded due to the AOJ not considering VA examinations conducted in September 2021, which were obtained after the initial rating decision.
The deciding factor: The AOJ made a pre-decisional duty to assist error by not considering pertinent evidence (the September 2021 VA examinations) when issuing its October 2021 rating decision.
- Claimed conditions
- right hip femoral acetabular impingement syndrome with degenerative arthritis, left knee degenerative arthritis, right knee degenerative arthritis, left shoulder degenerative arthritis, right shoulder degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24069866
Veterans Law Judge
Decisions by this judge: 2,062 · Granted: 34% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24069866.
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 Veteran's appeal is remanded for additional development, including obtaining clarification from the August 2017 VA examiner regarding which symptoms are related to his service-connected left trapezius strain and whether any non-service-connected conditions represent a progression of that disability.
- Granted
The Board has granted service connection for right knee disability, left knee arthritis, and bilateral knee instability. The decision is based on the Veteran's competent and credible lay evidence regarding the onset of symptoms in service.
- Dismissed
The Veteran's claim for service connection for left knee degenerative arthritis is dismissed. The claims for service connection for psychiatric disability, bilateral hearing loss, and other conditions are granted.
- Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for left knee degenerative arthritis and shin splints due to insufficient rationale in the previous VA examination. The case is now pending with a request for a new opinion.
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