The Board has dismissed the appeal for an effective date prior to February 3, 2017 for the grant of the temporary 100 percent disability rating for partial right knee replacement. The appeals for increased ratings and earlier effective dates are remanded.
The deciding factor: The Veteran withdrew his appeal for the effective date issue during his videoconference hearing.
- Claimed conditions
- partial right knee replacement, painful scar, status post repair of left varicocele with high inguinal ligation of the left spermatic vein, linear scar status post left varicocele repair, neuropathy of the left lower extremity, femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2019
- Citation
- 19193729
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 19193729.
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 service connection for various conditions, including left and right eye dry eyes, cataracts of the left and right eyes, neuropathy of the left lower extremity, radiculopathy of the right lower extremity, left renal arteriovenous malformation, aneurysm, pseudofolliculitis barbae (PFB), degenerative joint disease (DJD) of the lumbar spine, recurrent subluxation of the left knee prior to May 13, 2020, left total knee replacement, disability rating in excess of 60 percent from September 1, 2021, forward for left total knee replacement, DJD of the right knee, right knee instability, burns of the bilateral ankles, linear scar of the left knee, post-surgical tender scars of the left knee, and a total disability rating due to unemployability (TDIU) based upon service-connected disabilities prior to June 14, 2019.
- Dismissed
The appeal was dismissed as a matter of law due to the proposed reductions being reversed after a finding of clear and unmistakable error.
- Granted
The Board granted service connection for hyperthyroidism as secondary to in-service exposure to herbicide agents, and for neuropathy of the right and left lower extremities and right eye exophthalmos and diplopia as secondary to service-connected hypothyroidism.
- Remanded (sent back)
The Board remands the claims for service connection for neuropathy of all four extremities due to a need for additional development, including verification of claimed nerve agent exposure and obtaining an updated medical opinion.
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