The Veteran's right knee surgery required convalescence from February 8, 2016, to April 4, 2016. The Board has granted a temporary total evaluation for this period. However, the claim for an initial disability rating in excess of 10 percent for his service-connected right knee arthritis is remanded due to insufficient evidence.
The deciding factor: The Veteran's surgery required convalescence and he was recommended off work until April 4, 2016. The VA examiner did not provide sufficient findings regarding the extent of functional loss during flare-ups or other symptoms.
- Claimed conditions
- Right knee arthritis, Right knee medial meniscal tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130822
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.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for degenerative disc disease with scoliosis, right knee arthritis, and degenerative joint disease of the left knee with meniscal tear, finding that there was no evidence to support a causal relationship between these conditions and VA treatment.
- Partly granted
The Board granted service connection for a left foot disability (other than callosities) and a right hip disability, as well as increased ratings for an acquired psychiatric disorder, bilateral foot disability prior to July 6, 2020, lumbar spine disability, right knee instability prior to October 2, 2019, and left knee instability. However, it denied increased ratings for the bilateral foot disability since July 26, 2020, right knee arthritis, left knee arthritis, and right knee instability since October 2, 2019.
- Remanded (sent back)
The Board is remanding the matters for clarification from the private examiner as to whether a goniometer was used, and will defer further adjudication until such clarification is provided.
- Dismissed
The Veteran's requests for extensions of time to file Board Appeal requests were denied, and the attempted appeals were dismissed.
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