The Veteran's right knee replacement has been rated at 60 percent since September 1, 2009. The Board found that the Veteran is entitled to this rating based on severe chronic residuals of pain and weakness in his right knee. However, the matter of entitlement to TDIU remains pending as it was remanded for further development.
The deciding factor: The Veteran's disability picture has been fully addressed by the assigned schedular evaluation, but a new VA examination is needed to assess the combined impact on employment from all service-connected disabilities.
- Claimed conditions
- Right Knee Replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 8, 2019
- Citation
- 19101957
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.
- Denied
The Board denied the Veteran's claims for an initial rating in excess of 60 percent for right knee replacement, special monthly compensation based on the need for regular aid and attendance of another person, and a total disability rating for individual unemployability.
- Remanded (sent back)
The Board has remanded the case due to a need for a new VA examination and re-adjudication of the claim, including obtaining updated employment information or Social Security Administration disability benefits information.
- Granted
The Board has restored a 40 percent rating for the Veteran's service-connected right knee replacement, effective February 1, 2013. The decision is based on evidence showing improvement in the disability but not an improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Granted
The Veteran's service-connected disabilities, including PTSD, right knee replacement, back disability, degenerative joint disease of the right knee, radiculopathy of the right lower extremity, left knee strain, and hypertension, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).
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