The Board remands the Veteran's claims for service connection and temporary total disability evaluation due to a pre-decisional duty to assist error.
The deciding factor: A VA examination was not provided, which is required under McLendon v. Nicholson given the evidence of a relationship between the Veteran's service-connected disabilities and his right knee disability.
- Claimed conditions
- right knee disability, status post total knee replacement
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2025
- Citation
- A25016934
Veterans Law Judge
Decisions by this judge: 2,017 · Granted: 36% (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 A25016934.
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.
- Partly granted
The Board granted a total disability rating based on individual unemployability due to service-connected disabilities prior to September 2, 2022, but denied increased ratings for the right and left knee disabilities.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for left and right knee disabilities due to a lack of VA medical records prior to 2011 and since 2017. The Veteran is asked to provide any relevant private medical records, including those from his separation from military service through the present.
- Denied
The Veteran's appeals for increased ratings for his L5-S1 herniated nucleus pulposus and right knee disability were denied by the RO. The issues of service connection for cervicalgia, sinus bradycardia, hypertension, and colitis were also denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to the need for further development regarding his periods of active duty for training and inactive duty training.
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