The Veteran's attorney requested a remand for an examination and opinion regarding the nature, etiology, and current severity of his claimed left knee instability. The examiner should determine if the Veteran exhibits instability of the left knee and whether it is at least as likely as not that any current instability (1) was incurred in service; (2) is part and parcel of the service-connected left knee degenerative joint disease; or (3) is caused or aggravated by any service-connected disability, to include left knee DJD.
The deciding factor: The Court held that lay evidence can be as probative as medical evidence for describing instability in a knee. The Veteran's attorney argues that his subjective reports of increased instability warrant an examination and opinion.
- Claimed conditions
- left knee instability, left knee DJD (degenerative joint disease), residuals of left ankle injury
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2018
- Citation
- 18160057
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 18160057.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
- Denied
The Board denied increased disability ratings for left knee limitation of flexion and left knee instability, finding that the Veteran's symptoms did not meet or approximate the criteria for a higher rating under the applicable diagnostic codes.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.