The Board has remanded the claims for service connection for a left knee disability and an initial rating higher than 10 percent for residuals of a left ankle fracture, as well as the effective date issue. The Veteran's current left knee disability is being examined to determine its etiology, and his left ankle disability is being evaluated for severity.
The deciding factor: The Board found that the earlier effective date claim is inextricably intertwined with the motion for revision or reversal based on clear and unmistakable error (CUE) in the March 2002 rating decision. Therefore, consideration of the earlier effective date claim is deferred pending the outcome of the CUE claim.
- Claimed conditions
- left knee disability, healed left ankle fracture
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2019
- Citation
- 19103803
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19103803.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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