The Board remanded the case to the RO for additional development of the record.
The deciding factor: The evidence does not support a current diagnosis of a left knee disability, and there is no medical evidence establishing a current diagnosis of a back disability related to service or secondary to the right knee disability. The Veteran's right knee disability is manifested by arthritis, pain on motion, causing atrophy of the right thigh, with extension to 0 and flexion limited to 115 degrees; neither instability, subluxation, nor ankylosis of the right knee is demonstrated.
- Claimed conditions
- back disability, left knee disability, right knee disability (status post multiple reconstructions of the right anterior cruciate ligament and autograft of the articular cartilage, right knee with osteoarthritis), residuals of intraorbital rim maxillary fracture with chronic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904847
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
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