The veteran's claim for an initial rating higher than 10 percent for chondromalacia of the right knee, except during a temporary total rating period from May 17, 2002 to June 30, 2002, is being remanded due to procedural deficiencies and the need for further development.
The deciding factor: The claim was not properly advised of the evidence needed to substantiate his claim under the VCAA, and an additional VA examination is required to better delineate the severity of his service-connected chondromalacia of the right knee.
- Claimed conditions
- chondromalacia of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 7, 2004
- Citation
- 0414601
Veterans Law Judge
Decisions by this judge: 2,677 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0414601.
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 service-connected disabilities have caused him to need regular aid and attendance, leading to a grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC at the housebound rate is dismissed as moot.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the lack of a VA examination and opinion regarding his claimed conditions. The Board finds that additional development is necessary to determine if there is a link between the Veteran's current disabilities and his active service.
- Dismissed
The Board's September 4, 2025 decision was vacated due to a failure to address clear and unmistakable error arguments, depriving the Veteran of due process.
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