The Board remands the claims for a disability rating in excess of 10 percent for left knee degenerative arthritis and in excess of 20 percent for left shoulder osteoarthritis to correct a pre-decisional duty to assist error.
The deciding factor: The examinations do not comply with the requirements in Sharp v. Shulkin, as they did not provide an assessment of additional loss of motion during flare-ups or after repeated use over time.
- Claimed conditions
- left knee degenerative arthritis, other than posttraumatic, and recurrent subluxation, left shoulder glenohumeral joint osteoarthritis and acromioclavicular joint osteoarthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2025
- Citation
- A25052286
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 service connection for left knee degenerative arthritis and a rating of 30 percent for left knee joint instability, while remanding other issues.
- Partly granted
The Board granted service connection for tinnitus and right knee osteoarthritis, but denied service connection for left knee degenerative arthritis, right hand degenerative arthritis, left hand degenerative arthritis, left shoulder subdeltoid bursitis (claimed as degenerative arthritis), right shoulder strain (claimed as degenerative arthritis), major depressive disorder, and an anxiety disorder.
- Granted
The Veteran's service-connected disabilities are of such nature and severity as to preclude his participation in any regular substantially gainful employment consistent with his education and occupational experience, warranting a total disability rating based on individual unemployability.
- Partly granted
The Veteran is granted a TDIU, special monthly compensation at the housebound rate, and basic eligibility for Dependents' Educational Assistance benefits. The right knee osteoarthritis issue was remanded for further evaluation.
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