The Veteran's appeal is remanded for further development, including obtaining SSA records and providing a VA examination. The Board will consider the appropriateness of staged ratings based on distinct time periods where symptoms warrant different disability ratings.
The deciding factor: The Veteran has not provided evidence that his right knee disabilities have manifested as instability or subluxation, which would support a separate rating under Diagnostic Code 5257 for lateral instability. The Board finds the current 10 percent rating adequately reflects the Veteran's symptoms and functional limitations.
- Claimed conditions
- Right Knee Tendonitis, Degenerative Changes
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 24, 2018
- Citation
- 18120492
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 18120492.
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 Veteran's appeal for an evaluation greater than 10 percent for right knee tendonitis with degenerative arthritis was withdrawn.,Service connection for PTSD has been granted, as the evidence is at least in equipoise that the Veteran's PTSD was caused by an in-service stressor.
- Granted
The Veteran is granted a total disability rating due to individual unemployability (TDIU) from January 1, 2019, and an effective date of the same for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
- Remanded (sent back)
The Board has found a predecisional duty to assist error due to the lack of information regarding the Veteran's functional ability and range of motion during flare-ups and after repeated use over time, as well as an inadequate review of his history of right knee instability. The case is being remanded for further examination.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new examination of his right knee disability.
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