The Veteran's left knee disability is currently rated as 20 percent disabling, and the claim for a higher rating prior to September 27, 2016 remains in appellate status.,A remand is required due to deficiencies within the Board’s analysis regarding additional functional impairment during flare-ups.
The deciding factor: The June 2010 VA spine examination did not account for additional functional impairment caused by flare-ups, as required by DeLuca, Mitchell, and Sharp.
- Claimed conditions
- Degenerative Joint Disease of the Left Knee, Low Back Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2019
- Citation
- 19189098
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19189098.
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's left knee instability and limitation of extension associated with degenerative joint disease are rated at 20 percent from June 14, 2010 to January 11, 2016.
- Remanded (sent back)
The Veteran's claim for an increased initial disability rating for his service-connected degenerative joint disease of the left knee is being remanded due to inadequate VA examination reports. The Board finds that additional evidence and a new medical opinion are needed to properly assess the severity of the Veteran's condition.
- Granted
The Board has granted a rating of 40 percent for the Veteran's service-connected low back strain with degenerative arthritis, effective from September 26, 2008. The decision is based on functional limitation equivalent to forward flexion limited to 30 degrees or less due to pain and other symptoms.
- Remanded (sent back)
The case is remanded due to insufficient information regarding the severity of the Veteran's left knee recurrent subluxation at the December 2022 VA examination, and further development is needed.
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