The Board has determined that the RO's decision is not complete and requires additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran needs to be provided with proper VCAA notification, including information about his right knee disability and potential extraschedular rating. Further medical examination may also be necessary.
The deciding factor: The Board found that the RO's decision was incomplete due to a failure to provide adequate VCAA notice and further development is needed for compliance with the law.
- Claimed conditions
- osteochondritis dissecans right knee, infection of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2008
- Citation
- 0801399
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 0801399.
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.
- Partly granted
The veteran's right knee infection was caused by VA treatment and is compensable under 38 U.S.C. § 1151, while the stomach cancer claim is denied as it does not meet the criteria for compensation.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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