The Veteran's claims for increased ratings for right knee arthritis and instability are being remanded due to the need for additional examinations to assess the current severity of her service-connected disabilities, including consideration of functional loss during flare-ups.
The deciding factor: The VA examination reports were found inadequate for assessing the current severity of the Veteran’s service-connected right knee disabilities, particularly regarding functional loss and flare-ups. Therefore, a more contemporaneous examination is required to ensure that the record reflects the current severity of her disability and provides an opinion as to the functional limitations due to flare-ups.
- Claimed conditions
- Right Knee Arthritis, Right Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20003252
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.
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The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected hypertension and an earlier effective date of May 14, 2018, for radiculopathy right lower extremity. Other claims were denied.
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The Board dismissed the appeal for service connection for OSA and denied a rating in excess of 10 percent for left knee patellofemoral pain syndrome. The remaining issues were remanded for further development.
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The Board denied a rating higher than 20 percent for right knee limitation of motion but granted a separate 10 percent rating, but no higher, for right knee instability.
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