The Board has remanded several issues related to the Veteran's service-connected bilateral knee disabilities, including increased ratings and initial compensable evaluations for flexion limitations. The remand is due to incomplete VA examinations and the need for additional development of medical records.
The deciding factor: The decision was remanded because the previous VA examination reports did not comply with the requirements in Sharp v. Shulkin (2017), which requires VA examiners to attempt to estimate functional loss during flare-ups based on all available information, including the Veteran's statements and prior examinations.
- Claimed conditions
- right knee patellofemoral syndrome with degenerative changes, left knee patellofemoral syndrome with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180892
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 denied increased ratings for the Veteran's service-connected bilateral knee disabilities and granted a TDIU from May 21, 2014 to January 4, 2017.
- Remanded (sent back)
The Board remands the claims for a VA examination that fully addresses the Veteran's functional loss during flare-ups, following repeated use over time, and/or any functional loss caused by the considerations set forth in 38 C.F.R. § 4.45 during the time period from 2005 to the present.
- Partly granted
The veteran's claim for a higher rating due to clear and unmistakable error (CUE) was granted, effective January 26, 2010. Other claims related to earlier effective dates and higher evaluations were denied or dismissed.
- Remanded (sent back)
The Veteran's left and right knee disabilities have worsened since the last VA examination, requiring surgery. The claims are remanded for a new VA examination to assess current severity of the disabilities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.