The Board has remanded the case for further development, including scheduling a VA examination to assess the current severity of the Veteran's myofascial back disability and right knee disorder. The examiner is required to provide an estimate of functional loss due to flare-ups or repeated use over a period of time.
The deciding factor: The Board found that new examinations are needed to address the extent of functional loss due to pain, weakness, fatigue, incoordination, limited or excess movement, and during flare-ups or prolonged use.
- Claimed conditions
- myofascial back disability, patellofemoral syndrome of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102582
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 denied increased ratings for the Veteran's knee conditions, except for a 10% rating for left and right knee instability effective from October 1, 2008.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected right knee disability, finding that the evidence did not support a higher rating under any applicable diagnostic codes.
- Partly granted
The Board restored the 20 percent disability rating for patellofemoral syndrome of the right knee and left knee strain, effective December 21, 2021, as there was no evidence showing actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Remanded (sent back)
The claims for increased ratings for the Veteran's service-connected conditions are being remanded to provide him an additional opportunity to undergo VA examinations.
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