The Board has decided to remand two issues related to the Veteran's left knee conditions due to new evidence being added to the claims file.
The deciding factor: New evidence, including VA treatment records and a July 2017 VA examination report, was added to the claims file since the last SSOC. The Veteran was notified of this new evidence but did not respond. As a result, the Board is remanding these issues for initial AOJ review.
- Claimed conditions
- left knee chondromalacia, internal derangement of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2019
- Citation
- 19106045
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.
- Dismissed
The veteran withdrew his appeal for higher ratings of his left and right knee conditions, and the Board has no jurisdiction to review these issues.
- Denied
The Board denied the veteran's claims for a higher initial rating for left knee limitation of extension and an increased rating for left knee chondromalacia.
- Dismissed
The proposed reductions of the veteran's right and left knee chondromalacia ratings were dismissed as there was no final rating action taken, and the disabilities remained rated at 40 percent during the applicable period.
- Partly granted
The appeal for service connection for sleep disorder is dismissed, and the Veteran's claims for service connection for alcohol use disorder, generalized anxiety disorder, somatic symptom disorder, bilateral hearing loss, and lower back strain are denied. The Board granted a 70 percent rating for PTSD.
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.