The Board is remanding the case to determine if the appellant's preexisting right knee condition permanently increased in severity during his brief period of active service, and whether this increase was due to natural progression. The VA will also provide notice regarding disability rating and effective date elements.
The deciding factor: The Board finds that additional development is necessary to address the issue of permanent increase in severity of preexisting right knee condition during active service.
- Claimed conditions
- chondromalacia of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2008
- Citation
- 0838123
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 0838123.
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.
- Granted
The Veteran's service-connected disabilities have caused him to need regular aid and attendance, leading to a grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC at the housebound rate is dismissed as moot.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the lack of a VA examination and opinion regarding his claimed conditions. The Board finds that additional development is necessary to determine if there is a link between the Veteran's current disabilities and his active service.
- Dismissed
The Board's September 4, 2025 decision was vacated due to a failure to address clear and unmistakable error arguments, depriving the Veteran of due process.
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