The Board previously remanded the case for additional development. The Veteran's right knee disability has been assigned temporary total ratings effective from April 21, 2015 to December 31, 2015. The issues of entitlement to an increased rating for service-connected left knee disability and entitlement to a TDIU were remanded and deferred. In July 2017, the Board denied the Veteran's claim of entitlement to an increased rating for his right knee disability. The Court vacated this decision in May 2018 due to inadequate examinations and lack of retrospective opinion regarding prior to January 2016 total right knee replacement surgery.
The deciding factor: The Court found that the Board failed to address whether the Veteran was entitled to a separate rating under Diagnostic Codes for instability or subluxation, dislocated semilunar cartilage, or removal of semilunar cartilage. The Court also noted deficiencies in the examinations and lack of retrospective opinion regarding prior to January 2016 total right knee replacement surgery.
- Claimed conditions
- Right knee chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2018
- Citation
- 18129536
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 18129536.
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.
- Remanded (sent back)
The Veteran's right knee disability is being remanded for further evaluation due to insufficient medical opinion regarding its onset and etiology.
- Denied
The Veteran's claim for higher ratings for his right knee disability from April 16, 2013 to March 15, 2016 was denied as the evidence did not show flexion limited to 30 degrees or more.
- Remanded (sent back)
The Board remands the claims for further development and readjudication due to non-compliance with previous remand instructions.
- Denied
The Board denied disability ratings in excess of the current 20 percent for degenerative disc disease and intervertebral disc syndrome of the lumbar spine post laminectomy, 20 percent for residuals of a fractured right clavicle, 10 percent for right knee chondromalacia, and 10 percent for residuals of a right wrist fracture.
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