The Veteran's right knee injury and chondromalacia have been rated at 20 percent each, but the VA examiner found that additional functional loss due to flare-ups or pain limits his ability to perform normal working movements of the joints. The Board has requested a remand for further examination.,The Veteran's right knee injury and chondromalacia have been rated at 20 percent each, but the VA examiner found that additional functional loss due to flare-ups or pain limits his ability to perform normal working movements of the joints. The Board has requested a remand for further examination.
The deciding factor: The Veteran's knee disabilities are currently evaluated based on their current symptoms and limitations without considering any potential additional functional loss due to flare-ups or pain.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Chondromalacia of the left knee, status-post arthroscopy, Right knee injury, status-post arthroscopy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2019
- Citation
- 19125077
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 a separate 20 percent rating for left knee chondromalacia under Diagnostic Code 5258, effective January 4, 2001.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
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