The appeal is being remanded for additional development, including an examination to determine the nature and etiology of any right knee disability and a more thorough evaluation of scars on the left arm.
The deciding factor: Further development is necessary as the requested examinations have not been completed in accordance with the Board's previous remand instructions.
- Claimed conditions
- Residuals of a gunshot wound (GSW) of the right thigh involving Muscle Group XIV, Right knee degenerative joint disease, chondromalacia, and patella alta, Scars as residuals of a GSW of the left arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905462
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.
- Partly granted
The Board denied a rating greater than 10 percent for right knee internal derangement, chondromalacia, and degenerative arthritis with painful motion, denied a compensable rating for the same condition with limited extension, but granted a 10 percent rating for right lateral knee instability.
- Partly granted
The Board granted increased ratings for intervertebral disc syndrome, left and right ankle disabilities but remanded the claims for other joint conditions due to insufficient evidence.
- Denied
The Board denied the veteran's appeal for an increased evaluation for left knee post-prosthetic total replacement on or after December 16, 2024, as the maximum schedular evaluation of 60 percent was already assigned.
- Granted
The Board grants service connection for a left knee disability, including degenerative arthritis, chondromalacia, and meniscus tear, based on the evidence showing current diagnoses and continuous symptoms since service.
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