The Board has remanded several issues related to the Veteran's claims for increased ratings and earlier effective dates, including those pertaining to his bilateral knee chondromalacia, right wrist fracture, and TDIU. The issues are inextricably intertwined with the pending claim of whether a valid notice of disagreement was filed regarding these claims.
The deciding factor: The Board found that the Veteran's September 24, 2004 correspondence should be considered as a valid Notice of Disagreement (NOD) and remanded for issuance of a Statement of the Case to determine if it was timely filed.
- Claimed conditions
- chondromalacia, degenerative joint disease (DJD), right wrist fracture, instability due to chondromalacia, degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 12, 2019
- Citation
- 19162256
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19162256.
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 Veteran was granted an initial disability rating of 40 percent for lumbosacral strain, DJD, from December 17, 1997 to June 3, 2022, and the effective date for service connection for bilateral lower extremity radiculopathy was also set at December 17, 1997. However, a higher rating or TDIU was denied.
- Partly granted
The Board denied a rating greater than 10 percent for right knee internal derangement, chondromalacia, and degenerative arthritis with painful motion, denied a compensable rating for the same condition with limited extension, but granted a 10 percent rating for right lateral knee instability.
- Granted
The Board grants service connection for a left knee disability, including degenerative arthritis, chondromalacia, and meniscus tear, based on the evidence showing current diagnoses and continuous symptoms since service.
- Denied
The Board denied the veteran's claims for a higher disability rating for his right wrist fracture and non-compensable rating for residual scars, status post right wrist surgery. The claims for service connection for neurological disabilities of the right hand, COPD, chronic fatigue syndrome, and restless leg syndrome were remanded.
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