The Board has remanded the case for further development, including scheduling a VA examination during a period of flare up of knee symptoms and obtaining additional medical evidence. The Veteran's claim for TDIU is also raised.
The deciding factor: The case was remanded by the Board due to inadequate examination reports and failure to schedule an examination during a period of flare up of knee symptoms, as well as other procedural issues.
- Claimed conditions
- recurrent subluxation of the right knee, chronic right knee strain with early degenerative joint disease, recurrent subluxation of the left knee, left knee strain with early degenerative arthritis and patellofemoral syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2012
- Citation
- 1233446
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 1233446.
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 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 Board remanded four issues regarding the Veteran's right knee conditions and total disability rating for individual unemployability, vacating the prior July 2024 denial decision following a Veterans Court order. The remand was necessary to obtain medical opinions addressing the ameliorative effects of the Veteran's medications on his right knee disabilities, as required under recent case law.
- Partly granted
The veteran's request for a higher rating for bilateral pes planus with plantar fasciitis and right leg strain was denied, but a separate 10 percent rating for recurrent subluxation of the right knee was granted.
- Partly granted
The veteran's claim for service connection for adjustment disorder with mixed anxiety and depressed mood as secondary to service-connected disabilities was granted. The veteran's claims for increased ratings for chondromalacia in both knees were denied, but separate ratings of 10 percent for recurrent subluxation of both knees were granted. Additionally, the veteran was granted a total disability rating based on individual unemployability (TDIU).
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