The Veteran's appeal is remanded due to the need for additional VA examination and development of his service-connected right knee instability disability.
The deciding factor: The Court found that the Board had overly relied on an October 2009 medical record in determining the level of the Veteran's right knee instability, and indicated that the Board had failed to properly address the Veteran's lay reports of right knee instability. The Veteran has also asserted that his right knee instability has worsened since the last VA examination.
- Claimed conditions
- right knee instability, osteomalacia of the right knee with Osgood Schlatter and degenerative osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2013
- Citation
- 1339009
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 1339009.
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.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Remanded (sent back)
The Board has determined that the July 2024 fee decision is incomplete and does not properly identify the full issue at the center of the present appeal, including the specific amount of past-due benefits awarded and the amount withheld for fees. The case is therefore being remanded to provide a corrected fee decision.
- Dismissed
The Board has dismissed the appeal due to the Veteran's death, and no one has requested substitution for the Veteran.
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