The Board has requested a VA medical opinion and is remanding the case for further review of new evidence submitted by the Veteran.
The deciding factor: The Veteran submitted additional medical evidence, which requires the RO to consider this evidence before making a decision on his claims.
- Claimed conditions
- low back pain with herniated disc, right knee meniscectomy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2009
- Citation
- 0914424
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0914424.
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.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as service connection for obstructive sleep apnea and tinnitus.
- Granted
The Veteran's claims for increased ratings and TDIU were granted, with specific disability ratings assigned. The left knee degenerative joint disease received a separate rating of 10 percent for limitation of flexion and another 30 percent for limitation of extension. For the right knee, prior to April 30, 2014, he was awarded a 10 percent rating for limitation of flexion and a 30 percent rating for limitation of extension. From June 1, 2015 onwards, his total right knee replacement received a 60 percent disability rating. The Veteran also received TDIU prior to October 28, 2010.
- Remanded (sent back)
The Board has remanded the case due to non-compliance with previous remand directives, specifically regarding clarification from Dr. J.M.H. on his November 2015 private medical evaluation of the Veteran's service-connected knees.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, including prostate cancer and tinnitus. The Board found that the Veteran's service-connected conditions did not preclude him from securing and following substantially gainful employment.
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