The Board has determined that the medical evidence is insufficient to rate the Veteran's left knee disability and has ordered a remand for further development, including obtaining medical records from the correctional facility where the Veteran is incarcerated and scheduling an examination.
The deciding factor: The Board found the current medical evidence inadequate to determine the appropriate rating for the Veteran's left patella fracture.
- Claimed conditions
- left patella fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2018
- Citation
- 18159023
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 18159023.
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 claim for service connection for right lower extremity radiculopathy as secondary to his service-connected right lumbar muscle strain was reopened and granted. His left patella fracture is currently rated at 10 percent, but the Veteran contends that this rating should be increased due to worsening symptoms.
- Remanded (sent back)
The Veteran's claim for a higher rating for his left patella fracture residuals is being remanded due to the need for a new VA examination.,The earlier effective date claim for PTSD is also being remanded as there may be an issue with the validity of the withdrawal of the Veteran's previous claim, and additional evidence needs to be obtained.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a new VA examination to assess her left knee disability, including pain on active and passive motion testing. Up-to-date VA treatment records should be obtained.
- Denied
The Board found no clear and unmistakable error in the June 2002 rating decision that denied service connection for residuals of a fracture of the left patella with degenerative disease. The Veteran's preexisting condition was not shown to have been aggravated by service.
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