The appeal is remanded for further development and consideration of the claims, including obtaining additional evidence and scheduling an examination.
The deciding factor: Further medical evaluation is necessary to determine if any left knee or low back pathology is related to the service-connected right knee disability, as well as whether convalescence beyond January 31, 2006, was required after the December 2005 surgery.
- Claimed conditions
- Right knee disability, Left knee disorder, Back disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2008
- Citation
- 0816554
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 Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The Board denied the veteran's claims for annual clothing allowances for a left knee sleeve, A&D ointment, hydrocortisone cream, and incontinence briefs due to lack of service connection or evidence that these items cause irreparable damage to outer garments.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
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