The Board has remanded the case for further development, including a VA examination of the veteran's knees to assess current symptomology and functional loss due to pain. The veteran is advised that failure to report to the scheduled examination may result in a denial of his claim.
The deciding factor: The need for additional findings related to the veteran's knee conditions, specifically regarding functional loss due to pain, necessitates further examination.
- Claimed conditions
- right knee sprain with degenerative joint disease, left knee with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2008
- Citation
- 0835677
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 0835677.
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 Veteran's claim for service connection for chronic fatigue syndrome was denied as there is no evidence of a current disability related to active service.,The Veteran's skin condition, tinea versicolor, was rated at 30 percent due to the affected area being between 20-40% of his total body or exposed areas. The claim for an increased rating was denied as he did not meet criteria for a higher rating under the new regulations.,The Veteran's left knee disability was rated at 10 percent, and no higher ratings were granted due to lack of evidence supporting additional functional loss during flare-ups, repetitive use, or pain.
- Granted
The Veteran's claim to reopen his lumbar spine disability was denied. The right knee sprain with degenerative joint disease prior to May 26, 2010 is rated at 10 percent. A separate 10 percent evaluation for right knee degenerative joint disease prior to May 26, 2010 is granted. Increased ratings for left knee disability are denied. The claim for TDIU is also denied.
- 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.
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