The Veteran's claims for increased ratings for his service-connected bilateral knee disabilities and entitlement to TDIU are being remanded due to the need for additional development, including a VA examination.
The deciding factor: Additional development is required as the March 2010 VA examination report failed to adequately address functional loss due to pain and flare-ups with sufficient specificity in accordance with DeLuca v. Brown (8 Vet. App. 202, 204-07 (1995)) and also did not adequately address the Veteran's bilateral knee instability.
- Claimed conditions
- chondromalacia of the left knee, chondromalacia of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2012
- Citation
- 1202009
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 1202009.
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 chondromalacia of the left knee, finding that there was no evidence of a chronic condition in service or within the presumptive period after service. The Board also noted that her medical discharge from service was due to pes planus and not any left knee condition.
- Granted
The Veteran's service-connected disabilities have caused him to need regular aid and attendance, leading to a grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC at the housebound rate is dismissed as moot.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the lack of a VA examination and opinion regarding his claimed conditions. The Board finds that additional development is necessary to determine if there is a link between the Veteran's current disabilities and his active service.
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