The Board has reopened the previously denied claims of service connection for right and left knee disabilities, but has remanded the cases due to insufficient evidence. The appellant's testimony regarding continuity of symptoms following airborne jumps is considered new and material evidence.
The deciding factor: New and material evidence was found in the form of the appellant's testimony about his continuous symptomatology since discharge from service, including after hard landings during airborne jumps.
- Claimed conditions
- Right Knee, Left Knee, Back
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004705
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 the Veteran's claim for a finding of total disability based on individual unemployability due to service-connected disabilities, as his service-connected back, bilateral hip, bilateral lower extremity radiculopathy, and left foot disabilities do not prevent him from securing or maintaining substantially gainful employment.
- Granted
The Veteran is entitled to an earlier effective date of February 29, 2000, for an award of TDIU on an extraschedular basis due to his service-connected back and left knee disabilities.
- Partly granted
The Board granted clothing allowances for a back brace and wheelchair, but denied them for a neck brace, bilateral knee braces, pain medication therapy, cane, and walker.
- Granted
The Veteran's claims for increased ratings and service connection have been granted, but the criteria for higher disability ratings are not met at any point during this appeal.
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