The Veteran's lower back disability is rated at 20%.,Initial ratings for the left and right knee disabilities are both rated at 20%.,A separate initial rating of 20% for each knee due to subluxation is granted.,An initial rating greater than 10% for sciatica of the right lower extremity is denied.,The Veteran's TDIU claim is remanded.
The deciding factor: The Veteran’s disability picture best fits a 20% rating due to guarding and pain productive of limitation of motion.,Both knees demonstrate arthritis with at least some level of loss of motion, warranting the 10% ratings. The examiner also noted moderate recurrent subluxation or dislocation, which warrants an additional 20% for each knee under DC 5257.,The Veteran’s symptoms are classified as mild in severity and do not meet the criteria for a higher rating of moderate and incomplete paralysis.,PTSD is rated based on its impact on occupational functioning. The Veteran's current job history and testimony indicate that his PTSD may be more severe than reflected by his most recent VA examination.,The TDIU claim requires an evaluation of the Veteran’s overall disability picture, including his service-connected conditions.
- Claimed conditions
- thoracolumbar degenerative arthritis with intervertebral disc syndrome (IVDS), left knee osteoarthritis, right knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104316
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 service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral tinnitus, right knee osteoarthritis, and left knee osteoarthritis due to inadequate medical evidence.
- Granted
The Board granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
- Remanded (sent back)
The appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
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