The rating reduction from 20 percent to 10 percent for left knee instability was improper, and the 20 percent rating is restored. The issues of entitlement to increased ratings for left knee arthritis and right knee strain with arthritis are remanded.
The deciding factor: The Veteran's condition did not show ascertainable improvement in his ability to function under ordinary conditions of life at the time of the reduction.
- Claimed conditions
- left knee instability, right knee strain with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2019
- Citation
- 19128676
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 Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- Denied
The Board denied restoration of the 30 percent ratings for left knee arthritis (flexion), left knee strain arthritis (extension), and left knee instability, as well as a 20 percent rating for left ankle chronic sprain. The Veteran's claims for increased ratings were also denied.
- Partly granted
The Board granted service connection for right knee gout and a rating of 50 percent for the Veteran's right wrist condition, while remanding several other issues related to his knees and instability.
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