BVA Case 23-6889: Back

The Board noted that the 2011 claim was for shin splints.

In December 2021,the Board denied entitlement to ratings in excess of 10%for shin splints of the left leg and right knee tendonitis to include shin splints.

The veteran appealed to 5 Case:23-6889 Page: 6 of 12 Filed:12/30/2024 the Court,and on December 5,2022,the Court granted the parties'joint motion for remand because the parties agreed that the Board failed to provide adequate reasons or bases for finding that the duty to assist had been satisfied.

Specifically,the parties agreed that the Board made an impermissible medical determination that the in-service left knee symptoms were intermittent flare-ups;the Board also failed to address the adequacy and consistency of the April 2021 VA examination and failed to address whether a separate rating was warranted for either leg under Diagnostic Code (DC)5257 (38 C.

On December 13, 2022,the veteran submitted a copy of the Rule 33 Summary of Issues from her appeal to the Court,which further alleged that the Board erred by relying on the inadequate August 2021 VA examination and by failing to rate all of her symptoms.

The Board found that the veteran's symptoms caused no more than impairment of the tibia and fibula with slight knee disability.

71a were amended during the pendency of the appeal,and the Board determined that the veteran's claims would be considered under both the old criteria prior to February 7,2021,and the new criteria after that date,applying the more favorable criteria.

The Board found that the veteran's lay statements were unreliable as they are inconsistent and reflect conflicting reports of severity and symptomatology.