The Board has remanded the case for further development due to inadequate compliance with a previous remand directive. The Veteran's right knee flare-ups are of brief duration, and VA cannot schedule an examination during a flare-up.
The deciding factor: The examiner was unable to provide an opinion regarding the extent of additional limitation of motion during flare-ups without resorting to speculation because the Veteran is not in the midst of a flare-up at the time of the examination.
- Claimed conditions
- Degenerative changes of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2013
- Citation
- 1337628
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 1337628.
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.
- Partly granted
The Board granted an effective date of July 29, 2022, and no earlier for the grant of a 20 percent disability rating for degenerative joint disease of the lumbosacral spine and intervertebral disc syndrome, as well as service connection for radiculopathy of the right and left lower extremities.
- Denied
The Veteran's appeal for an increased rating for his right knee disability was denied as the evidence did not show any findings of ankylosis, recurrent subluxation or lateral instability, dislocation or symptomatic removal of the semilunar cartilage, tibial or fibular impairment, genu recurvatum, extension limited to 10 degrees or more, flexion limited to 45 degrees or less, or functional equivalent thereof.
- Denied
The Veteran's right and left knee disabilities have been rated at 10 percent each, but the Board has determined that these ratings are not warranted based on the current evidence of record.
- Denied
The Veteran's right knee disability is currently rated at 10 percent, which does not meet the criteria for a higher rating under VA regulations.,The Veteran's thoracolumbar spine disability is currently rated at 10 percent, which does not meet the criteria for a higher rating under VA regulations.
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