The issues on appeal were remanded for a new VA examination as the veteran alleged an increase in symptomatology since the last VA examination.
The deciding factor: The March 2008 VA examiner's report was deemed deficient due to lack of access to the claims file, necessitating a review and addendum or a new examination.
- Claimed conditions
- arthritis of the right knee, instability of the right knee, arthritis of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903372
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.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for right knee conditions due to insufficient medical evidence.
- Partly granted
The Board granted increased 20 percent ratings for limitation of motion of the left and right knees prior to their respective total knee replacements, but denied ratings in excess of 10 percent for instability of both knees and in excess of 30 percent for total knee replacements.
- Partly granted
The Board denied increased ratings for the Veteran's right and left knee disabilities, except for a 20 percent rating for instability of both knees as of June 13, 2025.
- Remanded (sent back)
The Board remands the claims for service connection for arthritis of the left knee and right knee to ensure compliance with a Joint Motion for Partial Remand from the Court.
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