The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a right total knee replacement was previously denied in June 2013 due to lack of evidence showing VA error, and the Veteran did not appeal within one year.,New evidence received since June 2013 includes statements from a VA physician indicating additional surgeries were performed due to complications following the initial surgery. The Veteran also provided testimony about delays in scheduling physical therapy post-surgery.
The deciding factor: The new evidence suggests there may be an additional disability related to the right total knee replacement and possibly related to delayed physical therapy, which could impact the claim for compensation under 38 U.S.C. § 1151.
- Claimed conditions
- Right Total Knee Replacement, Left Ankle Arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2018
- Citation
- 18134498
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 18134498.
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 appeal for higher ratings for his right knee disability is remanded due to the need for additional medical evidence and consideration of medication effects.
- Granted
The Veteran's right knee disability was granted an increased rating to 60% effective June 1, 2018. Attorney fees are eligible based on past-due benefits awarded in the December 2019 rating decision.
- Remanded (sent back)
The Board has decided to remand the claims for right knee disability and TDIU prior to March 22, 2021 due to duty to assist errors. The appellant's representative withdrew his request for a hearing.
- Remanded (sent back)
The Veteran's right knee disability is rated at 30 percent, and the Board has determined that a higher rating is warranted due to worsening symptoms. The VA examiner found the current severity of the condition without medication effects.
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