The Board has remanded the Veteran's claims for a rating in excess of 30% for left knee residuals of a medial collateral ligament tear with limitation of flexion and a compensable rating for left knee limitation of extension associated with left knee residuals of medial collateral ligament tear with limited flexion due to inadequate examination.
The deciding factor: The Court found that the February 2018 VA examination was inadequate in not providing an opinion regarding functional loss due to flare-ups without resorting to speculation, and ordered a new examination.
- Claimed conditions
- left knee residuals of a medial collateral ligament tear, left knee limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175949
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 earlier effective dates for the grants of service connection for adjustment disorder, bilateral pes planus, right knee limitation of extension, and left knee limitation of extension. The Board also granted service connection for a back condition as secondary to service-connected bilateral pes planus.
- Remanded (sent back)
The Board remands the claims for an initial disability rating for left knee limitation of flexion and extension, as well as entitlement to a total disability rating based on individual unemployability (TDIU), due to additional development necessary.
- Partly granted
The Board granted service connection for left and right knee locking, but remanded evaluations greater than 10 percent for bilateral knee limitation of flexion, limitation of extension, and scars.
- Denied
The Board denied the Veteran's claim for special monthly compensation based on a need for aid and attendance, as her service-connected disabilities did not necessitate regular assistance from another person. The claim for housebound criteria was dismissed as it had already been granted in a previous decision.
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