The Board remands the claim for an initial rating in excess of 30 percent for total right knee replacement due to a duty to assist error regarding an inadequate examination report.
The deciding factor: The October 2023 VA examination did not adequately consider all of the Veteran's symptomology and failed to provide estimated ranges of motion during flare-ups, as required by Correia and Sharp.
- Claimed conditions
- total right knee replacement, status post right knee joint osteoarthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2025
- Citation
- A25039438
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 increased 20 percent ratings for limitation of motion of the left and right knees prior to their respective total knee replacements, but denied ratings in excess of 10 percent for instability of both knees and in excess of 30 percent for total knee replacements.
- Remanded (sent back)
The Board remands the Veteran's claims for further development, including obtaining additional VA and private medical records.
- Dismissed
The Board dismissed the Veteran's appeal for not timely submitting a Notice of Disagreement (NOD) within one year from the date of the mailing of an adverse decision.
- Denied
The Board denied all claims for increased ratings and TDIU. The Veteran's right knee conditions did not meet the criteria for higher ratings.
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