The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a right knee disability. However, the matter is being remanded as additional development is needed to determine if the Veteran's current right knee condition began in service or is otherwise related to his military service.
The deciding factor: The Board needs to obtain updated VA records and schedule the Veteran for a VA knee examination to determine whether the Veteran’s current right knee disability is related to his military service.
- Claimed conditions
- right knee torn medial meniscus, right knee internal derangement, right knee anterior cruciate ligament (ACL) tear
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2019
- Citation
- 19105506
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 Veteran was granted a separate compensable evaluation for right knee instability, with a 20 percent rating throughout the appeal period. The initial evaluation in excess of 10 percent prior to March 26, 2024, and in excess of 20 percent thereafter for right knee internal derangement was denied.
- Partly granted
The Board denied a rating greater than 10 percent for right knee internal derangement, chondromalacia, and degenerative arthritis with painful motion, denied a compensable rating for the same condition with limited extension, but granted a 10 percent rating for right lateral knee instability.
- Partly granted
The Board granted a 10 percent rating for right knee meniscal repair and denied ratings greater than 10 percent for the right knee ACL tear, an initial compensable rating for allergic rhinitis, and service connection for various conditions.
- Remanded (sent back)
The Board remands the claim for a right knee disability, to include as secondary to service-connected disabilities, due to an inadequate VA examination and duty-to-assist errors.
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