The Veteran's right and left knee disabilities were reduced from 20% to 10%, effective October 1, 2015. The Board found that the reduction was not proper and restored the original ratings. Additionally, the TDIU claim for the period prior to July 13, 2015 is remanded.
The deciding factor: The Veteran's knee conditions do not show actual improvement under normal circumstances of life and work, warranting a restoration of the previous rating.
- Claimed conditions
- Right Knee Degenerative Joint Disease, Left Knee Degenerative Joint Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 15, 2019
- Citation
- 19186366
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 an initial rating in excess of 10 percent for tinnitus and dismissed the claim for service connection for right knee degenerative joint disease. The claims for service connection for acquired psychiatric disability, degenerative arthritis of the cervical spine, degenerative arthritis of the lumbosacral spine, headache disability, and obstructive sleep apnea were remanded.
- Partly granted
The Board granted service connection for obstructive sleep apnea, hypertension, and tinnitus. The claims for increased ratings for right shoulder degenerative arthritis, thoracolumbar spine degenerative arthritis, left knee degenerative joint disease, and right knee degenerative arthritis were denied. An effective date of April 23, 2021, was granted for the award of a 100 percent evaluation for posttraumatic stress disorder (PTSD) and special monthly compensation based on the need for regular aid and attendance.
- Remanded (sent back)
The Board remands the claim for a VA examination to determine the impacts of the Veteran's service-connected disabilities on his ability to care for himself and his need for aid and attendance.
- Denied
The Board denied a disability rating in excess of 10 percent for the Veteran's service-connected right and left knee degenerative joint diseases, finding that her symptoms did not warrant higher ratings under applicable diagnostic codes.
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