The Veteran is seeking a higher disability rating for his service-connected right knee condition, which includes a torn patellar tendon and post-traumatic osteoarthritis. The RO/AMC needs to schedule the Veteran for a hearing before a Decision Review Officer at the RO and then readjudicate his claim.
The deciding factor: The Veteran's request for a higher disability rating necessitates scheduling an appropriate hearing and further review of his case.
- Claimed conditions
- residuals, status post repair of a torn right patellar tendon, post-traumatic degenerative osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2010
- Citation
- 1041678
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 1041678.
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 claim for service connection for prostate cancer and residuals, finding that there was no evidence to support a causal relationship between his in-service prostatitis and his later diagnosis of prostate cancer.
- Denied
The Board denied service connection for kidney cancer and residuals as the evidence did not support a causal relationship between the Veteran's in-service toxic risk exposure and his current condition.
- Granted
The veteran's kidney disease, including cancer and residuals, is service-connected as secondary to their diabetes.
- Granted
The Board has granted the Veteran's claim for service connection for a left thumb disability, finding that his current condition is related to an in-service injury and resolving all doubt in his favor.
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