The Board has remanded several issues related to the Veteran's bilateral knee disabilities, including a rating for right knee prior to June 15, 2012 and ratings for left and right knee instability. The case is now pending further review.
The deciding factor: The decision was based on an inadequate September 2017 VA examination which did not address the Veteran's symptoms of pain, weakness, or stiffness over time, as required by law.
- Claimed conditions
- Right Knee, Left Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2019
- Citation
- 19183204
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 is entitled to an earlier effective date of February 29, 2000, for an award of TDIU on an extraschedular basis due to his service-connected back and left knee disabilities.
- Partly granted
The Board granted clothing allowances for a back brace and wheelchair, but denied them for a neck brace, bilateral knee braces, pain medication therapy, cane, and walker.
- Remanded (sent back)
The Veteran's service-connected TBI, bilateral knees, left metatarsal avulsion residuals, left wrist condition, and migraines are being remanded for further evaluation due to the potential worsening of these conditions.,The Veteran's rib/sternum condition, left ankle condition, bilateral shoulder conditions, insomnia, and kidney condition (claimed as rhabdomyolysis) are also being remanded for further evaluation.
- Denied
The Veteran's appeal for increased ratings for left knee conditions has been denied. The highest rating of noncompensable is granted for limitation of extension, a 10 percent rating is granted for limitation of flexion, and no higher rating is granted for instability.
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