The Board remands the claim for a compensable evaluation of the right knee to obtain additional evidence, including updated medical records and a new VA examination.
The deciding factor: The veteran has not been diagnosed with a left knee disability, so service connection is not warranted. The current status of his right knee condition needs reassessment due to the passage of time since the last examination.
- Claimed conditions
- chronic capsulitis of the right knee, left knee pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2009
- Citation
- 0900727
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 Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Denied
The Board denied the Veteran's claims for service connection for right and left knee pain as there was no evidence of record to support a finding that the Veteran's current knee pain began during active service or is otherwise related to an in-service injury or disease.
- Partly granted
The Board granted service connection for PTSD and an initial 20 percent rating for dry eye syndrome with pinguecula, while denying service connection for other psychiatric disorders, bilateral hearing loss, tinnitus, and multiple musculoskeletal conditions. Some claims were remanded for further development.
- Denied
The Board denied the veteran's claims for service connection for anxiety, depression, left knee pain, and migraine headaches.
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