The Veteran's appeal is being remanded due to the failure to issue a Statement of the Case (SOC) for his increased rating claim. The case will be returned to the RO for issuance of an SOC and consideration.
The deciding factor: The Board found that an SOC had not been issued as part of the Veteran's increased rating claim, which is required by law when a notice of disagreement has been filed but an SOC has not yet been provided.
- Claimed conditions
- chronic right knee strain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2012
- Citation
- 1203715
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 1203715.
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the inextricability of issues regarding an effective date for SMC and TDIU. Additional development is needed, including requesting employment information from former employers.
- Granted
The Veteran's service-connected disabilities, including left knee strain post meniscectomy with degenerative arthritis and ankylosis, degenerative disc disease lumbar spine with stenosis and disc bulge, limitation of extension of the right knee, chronic right knee strain, impairment of the knee, residuals of left fractured ribs, tinnitus, hearing loss, and a scar associated with the left knee, were productive of functional impairment which precluded substantially gainful employment from January 26, 2015 through September 21, 2017.
- Denied
The Board denied the veteran's claims for increased ratings and remanded several issues, including those related to his service-connected conditions.
- Granted
The Veteran's service-connected disabilities, including persistent depressive disorder with other specified trauma and stressor related disorder, chronic headaches, right shoulder impingement syndrome with rotator cuff tendonitis, degenerative arthritis of the spine, left knee strain with bursitis, chronic right knee strain, left ankle lateral collateral ligament strain, chronic right ankle sprain, allergic conjunctivitis, and tinnitus, render him unable to secure or follow substantially gainful employment as a result of his service-connected disabilities. As such, TDIU is granted from August 26, 2020.
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