The Board has remanded the Veteran's claims for increased ratings for bilateral degenerative arthritis of the knees due to a lack of compliance with prior remand directives, specifically failing to schedule and conduct a VA examination as required.
The deciding factor: The failure to comply with the prior remand directive requiring scheduling and conducting a VA examination resulted in the remand.
- Claimed conditions
- Degenerative arthritis of the left knee, Degenerative arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2019
- Citation
- 19101535
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.
- Partly granted
The Board granted a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 20 percent for limitation of flexion and in excess of 10 percent for limitation of extension of the right knee due to insufficient medical evidence regarding the ameliorative effects of medication on the Veteran's condition.
- Denied
The Board denied higher ratings for the Veteran's knee and cervical spine disabilities, finding that the evidence did not support a higher rating under applicable criteria.
- Partly granted
The Board granted service connection for degenerative arthritis of the right and left knees, but remanded the issue of a low back disability for further development.
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