The Board has remanded the Veteran's claims for a rating in excess of 10 percent for residuals of a right knee anterior cruciate ligament injury, prior to July 12, 2013, and for a rating in excess of 30 percent for right knee total arthroplasty, since September 1, 2014. The Veteran should be afforded a new VA examination to assess the current extent and severity of his right knee disability.
The deciding factor: The Veteran's symptoms have worsened since the February 2012 VA examination, with increased frequency in the right knee giving way resulting in falls and use of a cane with ambulation. The Veteran should be afforded a new VA examination to assess the current extent and severity of his right knee disability.
- Claimed conditions
- residuals of a right knee anterior cruciate ligament injury, right knee total arthroplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2019
- Citation
- 19105681
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.
- Granted
The Veteran is granted an additional month of a total disability rating for his right knee, concluding on November 1, 2024.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 30 percent for right and left knee total arthroplasty to obtain additional medical evidence regarding the severity of the Veteran's knee disabilities without considering the ameliorative effects of pain medication.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for the grant of an increased 40 percent rating for right knee degenerative arthritis with limitation of extension, as well as other related claims.
- Denied
The Board denied increased ratings for hypertension, right knee total arthroplasty, and disorder of the sacrum based on the evidence showing that the Veteran's conditions did not meet the criteria for higher ratings.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.