The veteran's claim for an initial disability evaluation in excess of 10 percent for residuals of a meniscal tear of the left knee was remanded for additional medical examination to determine the current severity of his condition.
The deciding factor: The Board found that the current medical evidence did not clearly support the veteran's level of disability, necessitating an additional examination.
- Claimed conditions
- arthritis changes, left knee, meniscal tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2009
- Citation
- 0901399
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 left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Denied
The Board denied service connection for a right leg disability, kidney cancer, including residuals, and bilateral knee disabilities as the evidence did not support that these conditions began during active service or are related to an in-service injury or disease.
- Granted
The Board granted service connection for a right knee disability, diagnosed as meniscal tear, osteoarthritis, osteopenia, and resolved medical femoral epicondyle fracture based on aggravation of a pre-existing condition during ACDUTRA.
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