The Board remands the claims for service connection for right and left knee disabilities to correct a pre-decisional duty to assist error, as VA failed to obtain an adequate medical opinion regarding whether the Veteran's bilateral knee disabilities were clearly and unmistakably not aggravated by service.
The deciding factor: Remand is required because there was a pre-decisional duty to assist error for VA not to have obtained an adequate medical opinion regarding whether the Veteran's right knee disability was clearly and unmistakably not aggravated by service, as well as an adequate medical opinion regarding whether the Veteran's current right and left knee disabilities are related to service.
- Claimed conditions
- right knee disability (to include chronic medial collateral ligament (MCL) sprain, patellar instability, patellofemoral pain syndrome, patellar tendon rupture, status post patella rupture repair, and internal derangement), left knee disability (to include patellar tendon rupture, status post patella rupture repair, and internal derangement)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072412
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.
- Granted
The Board granted service connection for a right knee disability, finding that the Veteran's pre-existing condition was aggravated during active service.
- Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to duty-to-assist errors that occurred prior to the October 2023 and February 2024 rating decisions.
- Remanded (sent back)
The Board remands the claim for a right knee condition to obtain an adequate medical nexus opinion.
- Dismissed
The appeal was dismissed due to the Veteran's failure to follow VA's claims processing rules.
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