The Board remands the claims for increased ratings for right knee medial meniscectomy and degenerative arthritis with limited flexion and right knee meniscal tear residuals with degenerative arthritis with limited extension to correct an error in satisfying VA's duty to assist, as the January 2024 VA examination did not adequately comply with the holdings of Sharp v. Shulkin, 29 Vet. App. 26 (2017).
The deciding factor: The January 2024 examiner failed to estimate additional loss in ROM due to repeated use over time and during flare-ups, as required by Sharp v. Shulkin.
- Claimed conditions
- right knee medial meniscectomy and degenerative arthritis with limited flexion, right knee meniscal tear residuals with degenerative arthritis with limited extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2025
- Citation
- A25047393
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
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