The reduction of the rating for the Veteran's service-connected right knee disability from 20% to 10% was not proper and is restored. The claims for increased ratings for both the right knee and lumbar spine disabilities are remanded.
The deciding factor: The evidence does not reflect that the Veteran’s right knee disability has improved to the point that he is now better able to function under the ordinary conditions of life and work.
- Claimed conditions
- Right Knee Disability, Lumbar Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2019
- Citation
- 19104825
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 service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board granted service connection for obstructive sleep apnea and insomnia, but denied service connection for right knee disability, left knee disability, right ankle disability, intestinal condition (chronic colitis), and chronic migraine disability.
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