The Veteran's partial restoration of a 10 percent rating for service-connected right knee instability from April 1, 2013 is granted. The remaining issues involving PTSD, left knee disability, TDIU, and right knee disability are remanded.
The deciding factor: The evidence shows improvement in the Veteran’s right knee condition following a VA examination in July 2011, but there remains relative equipoise regarding subjective reports of continuing instability requiring assistive devices.
- Claimed conditions
- Right Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2019
- Citation
- 19133235
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 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Partly granted
The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected hypertension and an earlier effective date of May 14, 2018, for radiculopathy right lower extremity. Other claims were denied.
- Partly granted
The Board denied a rating higher than 20 percent for right knee limitation of motion but granted a separate 10 percent rating, but no higher, for right knee instability.
- Denied
The Board denied the veteran's claims for increased ratings for right knee limitation of flexion and instability, as the evidence did not support a higher rating under applicable criteria.
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