The veteran's claims for increased evaluations for right knee disabilities and an earlier effective date are being remanded due to insufficient documentation in the file, need for a new examination, and consideration of VAOPGCPREC 9-2004.
The deciding factor: VA lacks sufficient documentation to adjudicate the veteran's claims and needs to conduct a new examination and consider relevant legal precedents.
- Claimed conditions
- right knee disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2004
- Citation
- 0430189
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 0430189.
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.
- Denied
The Board denied a total disability rating based on individual unemployability (TDIU) prior to February 22, 2016, as the Veteran's service-connected right knee disabilities did not meet the schedular criteria for TDIU benefits and an extraschedular referral was not warranted.
- Granted
The Veteran's right knee disabilities were granted service connection and an increased rating. Other conditions, including IBS, bilateral hip disabilities, left knee disabilities, and hypothyroidism, received increased ratings.
- Granted
The Board has determined that the appellant's character of discharge from service does not bar him from receiving VA benefits, including health care benefits. The appeal is granted as it relates to the current appeal for service connection for PTSD and right knee disabilities.
- Remanded (sent back)
The Board has remanded the issues of increased initial ratings for the Veteran's right and left knee disabilities since January 14, 2019. The AOJ is instructed to correct an error in assigning a 30 percent rating after termination of the temporary total rating without medical evidence, and to schedule a VA examination for the left knee.
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