The Veteran's appeal is remanded due to a duty-to-assist error in the development of his claim for service connection for left knee tendinitis.
The deciding factor: The VA examiner relied solely on the absence of treatment records and did not consider the Veteran's lay statements regarding continuity of symptomatology.
- Claimed conditions
- Right Knee Fabella Syndrome, Left Knee Tendinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2024
- Citation
- A24078406
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 A24078406.
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 Board has dismissed the claims of service connection for allergies, IBS, headaches, and a sinus disability. The claims of service connection for left knee tendinitis and a feet disorder have been remanded due to duty to assist errors.
- Granted
The Veteran's service-connected disabilities, including PTSD and bilateral knee tendinitis, have rendered her unable to secure or follow any form of substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).
- Denied
The VA determined that the Veteran's left knee tendinitis does not meet or approximate the criteria for a compensable rating under any applicable diagnostic codes.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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