The Veteran's claims for increased evaluations for right knee disability and sinusitis are being remanded due to duty-to-assist errors prior to the May 2024 rating decisions. The VA is required to obtain National Guard service records, conduct an adequate VA examination of the right knee, and consider any ameliorating effects of medication in assessing the severity of the Veteran's disabilities.
The deciding factor: The duty-to-assist errors occurred prior to the May 2024 rating decisions, necessitating a remand for additional development including obtaining National Guard service records and conducting an adequate VA examination of the right knee.
- Claimed conditions
- Right knee disability, Sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2026
- Citation
- A26027262
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A26027262.
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.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Granted
The Board has granted the Veteran's claim for service connection for a right knee disability, finding that his current diagnosis of right knee strain is related to his military service.
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