The Board has remanded the claims for service connection for right and left knee injuries due to inadequate examination, failure to address lay assertions of symptomatology in and since service, and lack of consideration of relevant medical treatises.
The deciding factor: The VA examiner must provide an addendum opinion addressing the Veteran's competent assertions of symptomatology in and since service, as well as the statements from a paratrooper confirming the dangerous nature of parachuting and medical treatises discussing knee injuries related to military parachuting.
- Claimed conditions
- Right knee injury, Left knee injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2019
- Citation
- 19179098
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.
- Granted
The Veteran was granted a total disability rating due to individual unemployability from December 2, 2019 to June 15, 2021 on an extraschedular basis.
- Denied
The Veteran's sleep apnea was rated at 50 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of chronic respiratory failure with carbon dioxide retention or cor pulmonale.,For the left knee injury prior to November 25, 2014, the Veteran received a 10 percent rating based on painful motion. After November 25, 2014, he was granted a 30 percent rating for limitation of extension and flexion due to pain.,The Veteran's major depressive disorder did not meet criteria for higher ratings.,For the low back disability, the Veteran received a 40 percent rating based on forward flexion greater than 30 degrees. The Board found no evidence of ankylosis or incapacitating episodes.,ED was denied as there was no deformity of the penis.
- Denied
The Board denied the Veteran's claim for service connection for a right knee disability and granted a 10 percent rating for residuals of right ankle sprain, effective April 20, 2010. The decision also found that the Veteran’s current right knee disability is not related to his service-connected ankle condition.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for further evaluation regarding his entitlement to higher levels of SMC and a rating increase for his residual left knee injury. The Board found that he does not meet the legal criteria for SMC under 38 U.S.C. § 1114(o) based on the lack of anatomical loss or use in his feet, hands, or eyes.
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