The Veteran's claims for increased ratings for his right knee and lumbar spine disabilities are being remanded due to the need for additional examinations.,The Veteran is seeking higher ratings for his service-connected right knee conditions, including limitation of extension with painful motion and recurrent patellar subluxation.
The deciding factor: The claims require further examination to determine the current severity of the Veteran's disabilities as per VA regulations.
- Claimed conditions
- Right Knee Recurrent Patellar Subluxation, Right Knee Limitation of Extension with Painful Motion, Chronic Lumbar Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2019
- Citation
- 19179977
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.
- Denied
The Board denied the Veteran's claim for entitlement to a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities have not rendered him unable to obtain or perform substantially gainful employment.
- Granted
The Veteran's chronic lumbar strain is now rated at 40 percent effective November 30, 2017. Radiculopathy of the left lower extremity remains rated at 10 percent and radiculopathy of the right lower extremity is rated at 10 percent as of December 16, 2019.
- Denied
The Veteran's claim for increased disability ratings for chronic lumbar strain prior to December 10, 2019 and since that date was denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.
- Granted
The Veteran's claim for a higher rating for chronic lumbar strain was denied, but he was granted entitlement to a total disability rating based on individual unemployability (TDIU). The Board found that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less, ankylosis, or IVDS with incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months.
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