The Board remands the claim for a right knee disability, to include as secondary to service-connected disabilities, due to an inadequate VA examination and duty-to-assist errors.
The deciding factor: The October 2021 and May 2022 VA examinations are found to be inadequate because they fail to address relevant evidence of record, including the theory of aggravation in conjunction with all of the Veteran's service-connected disabilities. Additionally, there is a duty-to-assist error that needs correction.
- Claimed conditions
- right knee degenerative arthritis (other than post-traumatic), right knee internal derangement
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2025
- Citation
- A25051390
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 Veteran was granted a separate compensable evaluation for right knee instability, with a 20 percent rating throughout the appeal period. The initial evaluation in excess of 10 percent prior to March 26, 2024, and in excess of 20 percent thereafter for right knee internal derangement was denied.
- Partly granted
The Board denied a rating greater than 10 percent for right knee internal derangement, chondromalacia, and degenerative arthritis with painful motion, denied a compensable rating for the same condition with limited extension, but granted a 10 percent rating for right lateral knee instability.
- Remanded (sent back)
The Board remands the claims for an increased initial rating for right knee and back disabilities, bilateral lower extremity radiculopathy, and service connection for obstructive sleep apnea due to inadequate medical examinations and opinions.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
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