The Veteran's appeal is remanded to the RO for scheduling a hearing and locating additional records. The claims will be returned to the Board after these actions are completed.
The deciding factor: The decision was not about service connection, but rather an increased rating claim for bilateral knee disabilities. The case must be remanded due to lack of adequate notice regarding the scheduled hearing and missing VA treatment records from October 2007 to September 2008.
- Claimed conditions
- chondromalacia patella of the right knee, chondromalacia patella of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 23, 2012
- Citation
- 1225410
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 1225410.
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.
- Granted
The Board has granted service connection for left knee strain and chondromalacia patella of the right knee, finding that these conditions were aggravated during active service.
- Partly granted
The Board granted service connection for tinnitus and an increased initial rating of 30 percent for gastroesophageal reflux disease with eosinophilic esophagitis, while denying increased ratings for chondromalacia patella of the left and right knees, a compensable rating for three surgical scars on the left lower extremity, major depressive disorder with anxious distress, and headaches. The Board also remanded several claims for further development.
- Denied
The Board denied increased ratings for the Veteran's service-connected conditions, including painful scars of the right knee, left foot plantar fasciitis, residuals of fracture of the left talus, and adjustment disorder with mixed anxiety and depressed mood. The claims were denied as the evidence did not support higher ratings or an earlier effective date.
- Remanded (sent back)
The Board has decided to remand the cases for further review due to inadequate prior examinations and the need for a new evaluation of the Veteran's service-connected bilateral knee disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.