The AOJ awarded initial 10 percent disability ratings for the Veteran's service-connected bilateral knee disabilities and left clavicle fracture, effective February 24, 2014. However, due to a dispute over recoupment of separation pay, the case is remanded.
The deciding factor: The decision was based on VA regulations regarding recoupment of separation pay from disability compensation benefits, but there are disputes about when and how much should be withheld.
- Claimed conditions
- bilateral knee disabilities, left clavicle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 13, 2019
- Citation
- 19171178
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 19171178.
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.
- Remanded (sent back)
The Board has dismissed the Veteran's appeal for entitlement to TDIU and denied his claims for service connection for bilateral hearing loss, tinnitus, back strain, bilateral knee disabilities, and bilateral ankle disabilities. The claims of service connection for these conditions are remanded due to a duty-to-assist error.
- Granted
The Veteran's tinnitus and bilateral knee disabilities are granted as service-connected. The Board found that the Veteran had an onset of these conditions during active service with continuity of symptomatology thereafter.
- Granted
The Board has granted service connection for the Veteran's left shoulder disability, bilateral ankle disabilities, and bilateral knee disabilities due to new and relevant evidence submitted since the last denial. Service connection is also granted for gastritis (gastrointestinal condition) and cyst scrotum on the right side.
- Granted
The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, which is granted for special monthly compensation (SMC) based on aid and attendance.
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