The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected right knee disability and compliance with VCAA notification requirements.
The deciding factor: The Board found that an increased rating on the basis of loss of function or pain was not warranted. However, due to lack of clarity regarding flare-ups during the July 2005 VA examination, a new examination is needed to determine if functional limitation occurs during such episodes.
- Claimed conditions
- residuals of right knee injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2009
- Citation
- 0915060
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 0915060.
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.
- Dismissed
The Board has dismissed the appeals for service connection of a facial cyst and right knee injury as there was no adjudicative determination within one year prior to the Veteran's August 2021 Notice of Disagreement.
- Dismissed
The Veteran withdrew his appeal for a rating in excess of 10 percent for residuals of right knee injury before the Board could make a decision.
- Denied
The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating, and there is no evidence to support an extraschedular TDIU rating due to her ability to secure and follow substantially gainful employment.
- Denied
The Board denied the Veteran's claims for service connection for residuals of right and left knee injuries due to lack of new and relevant evidence.
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