The Board has determined that new and material evidence has been received to reopen the claims for service connection for a right knee disability, but not for a left knee disability. The claim for service connection for PTSD is remanded due to insufficient evidence of an inservice stressor. The claims for service connection for sleep apnea and hypertension are also remanded as VA examinations are required.
The deciding factor: The new evidence submitted by the Veteran does not provide sufficient material evidence to reopen the left knee disability claim, while the right knee disability claim is reopened based on a private medical opinion linking the current condition to an inservice injury. The PTSD and sleep apnea claims require additional VA examinations due to insufficient evidence of in-service stressors and objective symptoms.
- Claimed conditions
- Right Knee Disability, Left Knee Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 10, 2019
- Citation
- 19192483
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 19192483.
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 granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board granted service connection for obstructive sleep apnea and insomnia, but denied service connection for right knee disability, left knee disability, right ankle disability, intestinal condition (chronic colitis), and chronic migraine disability.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.