The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for chondromalacia of the right patella and entitlement to TDIU due to conflicting evidence regarding flare-ups, instability, and functional loss. The case is also remanded for an updated examination.
The deciding factor: The Board found that the Veteran's claims are intertwined with his ability to secure and maintain substantially gainful employment due to his service-connected right knee disability.
- Claimed conditions
- chondromalacia of the right patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181959
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 a rating in excess of 10 percent prior to May 16, 2000, and in excess of 20 percent after May 16, 2000, for chondromalacia of the right patella with history of posterior thigh muscle strain.
- Remanded (sent back)
The veteran's claim for a rating in excess of 10 percent for chondromalacia of the right patella was remanded to obtain additional evidence and provide proper VCAA notice.
- Denied
The VA denied a claim for an evaluation in excess of 20 percent for the veteran's service-connected chondromalacia of the right patella with history of posterior thigh muscle strain, finding that his current disability does not warrant such a rating.
- Denied
The veteran's claims for higher initial ratings for his chronic low back strain and bilateral knee disabilities were denied. The RO assigned a 20% rating for the low back disability effective January 21, 2004.
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