The Board has remanded the case due to inadequate VA examination of the Veteran's knee disabilities, specifically regarding functional loss with repeated use over time. The TDIU issue is also being reconsidered.
The deciding factor: The Board found that the August 2017 VA examination was inadequate and did not adequately discuss the issue of functional loss with repeated use over time for the Veteran’s bilateral knee range of motion in active and passive motion, weight-bearing, and non-weight-bearing. The examiner also failed to provide results of testing or an explanation as to why they were unable to do so.
- Claimed conditions
- chondromalacia of the left knee with limitation of extension, right knee residuals of anterior cruciate ligament (ACL) and meniscal surgeries with degenerative joint disease (DJD), right knee limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2019
- Citation
- 19165217
Veterans Law Judge
Decisions by this judge: 2,011 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19165217.
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.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Board has granted service connection for tinnitus, right knee meniscal tear with osteoarthritis and patellofemoral pain syndrome, and right knee limitation of extension. The effective dates are April 15, 2015, January 30, 2015, and January 20, 2015 respectively.
- Remanded (sent back)
The Board has remanded the claims for increased ratings for right and left knee disabilities due to pre-decisional errors in obtaining retrospective opinions considering functional loss without the ameliorative effects of medication.
- Denied
The Board denied the Veteran's claims for effective dates prior to January 5, 2024, for service connection and evaluations of various conditions.
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