The Board has remanded the claims for left knee musculoskeletal disability and associated surgical scarring due to deficiencies in the September 2019 VA examination reports. The Veteran is required to provide additional information and/or evidence, particularly regarding private (non-VA) treatment records from the Orthopaedic Institute of Ohio.
The deciding factor: The Board found that remand was necessary due to deficiencies in the September 2019 VA examination reports, specifically lack of range of motion testing in weight bearing and non-weight bearing, and failure to address frequency, duration, characteristics, severity, and functional loss during flare-ups of left knee disability.
- Claimed conditions
- status-post left knee patellar fracture, left knee instability, left knee surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2019
- Citation
- 19195957
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 19195957.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
- Granted
The Veteran's hypertension, left knee scar, and erectile dysfunction have been granted a 10 percent rating each. The effective date for these awards is January 1, 2025. An earlier effective date for special monthly compensation based on loss of use of a creative organ is denied.
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