The veteran's appeal for an evaluation in excess of 30 percent disabling for his right knee disability is being remanded to the RO via the Appeals Management Center (AMC) for further development and consideration.
The deciding factor: The case was remanded due to a need for additional VCAA notice, a new VA examination, and scheduling a Board hearing as requested by the veteran.
- Claimed conditions
- total knee replacement, right knee, degenerative joint disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2009
- Citation
- 0902399
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 Board granted service connection for residuals of a right knee meniscal tear to include degenerative joint disease, finding that the Veteran's in-service injury led to his current condition.
- 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.
- Granted
The Board granted an increased initial rating of 20 percent disabling for the Veteran's right shoulder, effective November 22, 2011.
- 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.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.