The Board has decided to remand the claims for increased ratings for low back disability and bilateral knee disabilities due to missing treatment records and possible worsening of symptoms.
The deciding factor: The VA examiner found that there are missing treatment records, including post-surgery physical therapy records and MRI scans. The Veteran also reported possible worsening of his conditions since the last examination in October 2017.
- Claimed conditions
- Degenerative Joint Disease of the Lumbosacral Spine (Low Back Disability), Degenerative Joint Disease of the Right Knee, Degenerative Joint Disease of the Left Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000076
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 an evaluation in excess of 10 percent for degenerative joint disease of the right knee.
- Granted
The Veteran's service-connected disabilities have precluded all substantially gainful employment for which his education and occupational experience would otherwise qualify him, from April 1, 2011, but no earlier.
- Partly granted
The Veteran was granted special monthly compensation based on the need for aid and attendance, but his claims for increased ratings for degenerative joint disease of the right knee and bicipital tendonitis of the right shoulder were denied. An earlier effective date for the 20 percent rating for the right shoulder disability was also granted.
- Denied
The Veteran's claims for increased ratings for his left knee conditions have been denied. His current rating of 10 percent is based on limitation of motion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.