The Board has remanded the case for additional development, including a VA examination to assess whether the appellant's service-connected disabilities preclude him from obtaining and maintaining employment. The issues of service connection for lumbar spine stenosis and reopening the claim for degenerative joint disease of the lumbar spine are also on appeal.
The deciding factor: The Board found that further action was required due to the denial of service connection for spinal stenosis in July 1998, and the February 2001 rating decision regarding whether new and material evidence had been submitted to reopen a claim of entitlement to service connection for degenerative joint disease of the lumbar spine.
- Claimed conditions
- arthritis of the left knee, total knee replacement of the left knee, residuals of an excision of the right lateral meniscus, total knee replacement of the right knee, right knee scar, residual of arthroplasty associated with residuals of an excision of the right lateral meniscus, left knee scar, residual of arthroplasty associated with left knee arthritis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 8, 2003
- Citation
- 0326933
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 0326933.
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.
- Remanded (sent back)
The Board remands the claims for increased ratings for lumbosacral strain, left knee strain, and meniscal tear, as well as a compensable rating for a left knee scar, to obtain new examinations that adequately address the Veteran's reported symptoms.
- Denied
The Board denied service connection for right and left knee, shoulder, and knee scars disabilities, as well as a compensable disability rating for hypertension.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (r)(2) level due to his service-connected disabilities requiring a higher level of care.
- Remanded (sent back)
The Board remands the claims for an initial, compensable disability rating for left knee and shoulder scars due to a need for further development of evidence.
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