The Board remands the veteran's claims for higher initial disability ratings for left and right knee conditions to correct a pre-decisional duty to assist error.
The deciding factor: The AOJ failed to request relevant private treatment records despite the Veteran's indication of seeking such an opinion, necessitating a remand to ensure compliance with VA's duty to assist.
- Claimed conditions
- left knee anterior cruciate ligament tear, right knee status post anterior cruciate ligament repair and meniscectomy with degenerative arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 30, 2025
- Citation
- A25048265
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.
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