The case is remanded for additional VA examinations and to consider whether an increased rating is warranted based on functional loss due to pain, extra-schedular considerations or the applicability of Diagnostic Code 5258.
The deciding factor: The Board's analysis did not sufficiently consider whether an increased rating was warranted based on functional loss due to pain as outlined in DeLuca v. Brown, 8 Vet. App. 202 (1995) or the applicability of Diagnostic Code 5258.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the left knee, Degenerative Joint Disease (DJD) of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2009
- Citation
- 0910552
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 an initial 30 percent rating for the Veteran's service-connected DJD of the left knee and left knee lateral instability, from December 15, 2009, to September 5, 2014.
- Remanded (sent back)
The Board remands the matter to obtain a new VA medical opinion regarding the severity of the left knee DJD without the ameliorative effects of medication during the limited appeal period.
- Partly granted
The Board denied increased ratings for DJD and instability of both knees but granted separate 20 percent ratings for dislocated semilunar cartilage in the left and right knees.
- Denied
The Board denied a rating in excess of 10 percent for degenerative joint disease (DJD) of the lumbosacral spine prior to October 29, 2021, and a total disability rating based on individual unemployability due to service-connected disabilities prior to April 25, 2017.
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