The Board has ordered the case back to VA for additional development due to an inadequate examination and opinion regarding the Veteran's claimed knee disabilities.
The deciding factor: The VA examiner did not presume that the Veteran had no knee disability upon entry into military service, as required by the Board's prior remand directives.
- Claimed conditions
- Right knee ligament tear, Bilateral knee joint osteoarthritis, Bilateral knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2017
- Citation
- 1734519
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 1734519.
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 ratings in excess of 10 percent for bilateral knee instability, as the evidence did not support a finding of moderate or severe recurrent subluxation or lateral instability.
- Remanded (sent back)
The Board has remanded the cases for additional development due to procedural defects and non-compliance with previous instructions.
- Remanded (sent back)
The Veteran's bilateral knee instability, IVDS, and arthroscopy scars are being remanded for further examination and opinion. The service connection for his lumbar condition is also being remanded.
- Granted
The Board has determined that the Veteran's service-connected disabilities, including bilateral knee instability and lower extremity peripheral neuropathy, have resulted in loss of use of both feet and necessitate regular aid and attendance. As such, he is entitled to SMC at the higher rates under 38 U.S.C.A. § 1114(l) and (r)(1).
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