The Board has remanded the claims for knee disabilities due to incomplete examination and lack of proper medical records. The Veteran's knee conditions are being reviewed again to ensure a full evaluation.
The deciding factor: Further development is needed as the most recent examination incorrectly noted that the Veteran has no history of lateral knee instability, which could affect the rating assigned.
- Claimed conditions
- left knee lateral and medial instability, left knee osteoarthritis (for manifestations other than lateral and medial instability), right knee lateral instability, right knee osteoarthritis (for manifestations other than lateral and medial instability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130913
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 right knee lateral instability but denied a rating in excess of 30 percent for right knee functional ankylosis.
- Partly granted
The Board granted a separate initial 20 percent evaluation for left knee disability and a separate 10 percent evaluation for right knee lateral instability from January 15, 2019, and also granted TDIU and SMC based on the need for aid and attendance.
- Granted
The Board granted service connection for an acquired psychiatric disorder (other than PTSD), to include unspecified anxiety disorder, and assigned ratings of 40 percent, but no higher, for lumbar spine L5 spondylolysis without spondylolisthesis, and separate ratings of 10 percent each for left lower extremity radiculopathy, right lower extremity radiculopathy, left knee strain with effusion, right knee strain with effusion and status post anterior tibial tubercle avulsion fracture, left knee lateral instability, and right knee lateral instability.
- Partly granted
The Veteran's right knee condition has been granted a disability rating of 10 percent from November 7, 2014. The appeal for service connection for obstructive sleep apnea is remanded.
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