The veteran's appeal for a total disability rating based on individual unemployability and special monthly compensation is being remanded due to the need to obtain Social Security Administration records related to his award of Social Security Disability benefits.
The deciding factor: VA is obligated to make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate their claim, including federal government records such as those from the Social Security Administration.
- Claimed conditions
- bilateral knee disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2005
- Citation
- 0522213
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 0522213.
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 has dismissed the Veteran's appeal for entitlement to TDIU and denied his claims for service connection for bilateral hearing loss, tinnitus, back strain, bilateral knee disabilities, and bilateral ankle disabilities. The claims of service connection for these conditions are remanded due to a duty-to-assist error.
- Granted
The Veteran's tinnitus and bilateral knee disabilities are granted as service-connected. The Board found that the Veteran had an onset of these conditions during active service with continuity of symptomatology thereafter.
- Granted
The Board has granted service connection for the Veteran's left shoulder disability, bilateral ankle disabilities, and bilateral knee disabilities due to new and relevant evidence submitted since the last denial. Service connection is also granted for gastritis (gastrointestinal condition) and cyst scrotum on the right side.
- Granted
The Veteran's service-connected PTSD, bilateral knee and shoulder disabilities are found to have caused his sleep apnea through the aggravation of obesity. Service connection for sleep apnea is granted as secondary to these conditions.
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