The Board has found that the Veteran's claims for increased ratings and TDIU are remanded due to inadequate examinations. The VA needs to schedule new examinations to assess the severity of his knee disabilities and thoracolumbar spine disability, considering flare-ups and functional loss.
The deciding factor: The examinations did not adequately consider the Veteran’s reports of flare-ups and their impact on function.
- Claimed conditions
- osteoarthritis of the left knee, osteoarthritis of the right knee, degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149454
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 restoration of a 40% rating for osteoarthritis of the left knee, effective July 1, 2009, and denied an increased rating in excess of 40% for the same condition as well as entitlement to TDIU.
- Partly granted
The Board denied the Veteran's claims for increased ratings and service connection, except for separate awards of service connection for left knee instability and right knee instability.
- Denied
The Board denied the veteran's claims for increased ratings for his lumbar spine herniated nucleus pulposus L3-4 with intervertebral disc syndrome, left knee osteoarthritis, and right knee osteoarthritis.
- Granted
The Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.