The Veteran's appeals for increased evaluations of her service-connected left knee disabilities are being remanded due to a pre-decisional duty-to-assist error in the previous VA examination.
The deciding factor: There was an error in the previous VA examination regarding the frequency, duration, characteristics, severity, and functional loss of flares, which is necessary for proper evaluation.
- Claimed conditions
- Post-traumatic arthritis status post left ankle fracture, Impairment of left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2024
- Citation
- A24086742
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 A24086742.
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 Board has remanded the Veteran's claim for an increased rating for left leg numbness due to insufficient evidence from a previous examination. The Veteran is still in receipt of a 20 percent rating for his left knee impairment.
- Dismissed
The Veteran's appeal for a higher rating for left knee disability and service connection for PTSD has been dismissed.,The Veteran's appeal for service connection for tinnitus and sleep apnea has been granted.
- Denied
The Veteran's claims for service connection for left and right leg injuries resulting from a motorcycle accident in service have been reopened, but the evidence does not meet the criteria for service connection.,The Veteran's chronic rhinitis is rated at 10 percent due to greater than 50-percent obstruction of nasal passages on both sides.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a separate disability rating for limitation of motion of the right knee due to insufficient examination and incomplete VA treatment records. The Veteran will be provided with a new VA examination.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.