The Board remands the claims for a disability rating in excess of 10 percent for right knee strain and right ankle osteoarthritis status post right medial malleolar chip fracture due to pre-decisional duty to assist errors made by the AOJ.
The deciding factor: The AOJ did not make reasonable efforts to obtain relevant treatment records from Drayer Physical Therapy prior to rendering the decision on appeal, and failed to provide formal notification to the Veteran regarding its inability to obtain private treatment records.
- Claimed conditions
- right ankle osteoarthritis status post right medial malleolar chip fracture (right ankle osteoarthritis), right knee strain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2025
- Citation
- A25012242
Veterans Law Judge
Decisions by this judge: 828 · Granted: 42% (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 A25012242.
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 claims for service connection for left knee strain, right knee strain, shin splints of the right leg, and shin splints of the left leg are being remanded due to a failure to obtain VA examinations and medical nexus opinions.
- Dismissed
The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for bilateral hearing loss and left knee strain, and remanded the right knee strain claim.
- Remanded (sent back)
The Veteran's right shoulder disorder and right knee strain are being remanded for further examination to determine if they are caused or aggravated by his service-connected internal derangement of the left knee, considering whether obesity is a substantial factor in their development.
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