The Board has determined that the Veteran's appeal is remanded for a new VA examination to determine the current severity of his service-connected left total knee replacement. The restoration of service connection claims are not granted as there was clear and unmistakable error in the assignment of separate ratings.
The deciding factor: There was clear and unmistakable error in the assignment of separate ratings, resulting in erroneous grant of benefits on May 1, 2011.
- Claimed conditions
- Total Knee Replacement, Limitation of Extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185421
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 a total disability rating based on individual unemployability due to service-connected disabilities.
- Granted
The Veteran's left knee disability, including total knee replacement, is rated at 30 percent. The right knee disability (limitation of flexion) and the bilateral lower extremity radiculopathy are each rated at 10 percent.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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