The veteran's appeal is being remanded due to deficiencies in the duty to notify, and for obtaining additional medical records and scheduling a VA examination.
The deciding factor: The Court found that VA failed to comply with its duty to notify claimants of the information or evidence needed to substantiate a claim for VA benefits under 38 U.S.C.A. � 5103(a) and 38 C.F.R. � 3.159(b).
- Claimed conditions
- right knee traumatic arthritis, status post arthroscopic chondroplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2006
- Citation
- 0639786
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 0639786.
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 issues of increased ratings for right knee and left knee disabilities, as well as a rating for PTSD and major depressive disorder, due to insufficient evidence.
- Partly granted
The veteran's claim for an increased disability rating for right knee meniscectomy was granted at 20%. Other claims related to the right knee were denied.
- Denied
The Board denied increased disability ratings for the veteran's right and left knee conditions, including traumatic arthritis, limitation of extension, and instability. A total disability rating based on individual unemployability was granted beginning July 1, 2022.
- Partly granted
The Board denied a rating greater than 10 percent for left and right knee traumatic arthritis but granted special monthly compensation based on housebound status.
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