The Board has remanded the Veteran's claims of entitlement to increased ratings for his right knee conditions and a TDIU claim due to procedural issues, including the need for issuance of SOC regarding right knee arthritis and reduced rating.
The deciding factor: Procedural errors have been identified that require the issuance of Statements of the Case (SOC) for certain issues before they can be adjudicated further.
- Claimed conditions
- Degenerative changes of the right knee, Right knee internal derangement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005407
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.
- Partly granted
The Board granted an effective date of July 29, 2022, and no earlier for the grant of a 20 percent disability rating for degenerative joint disease of the lumbosacral spine and intervertebral disc syndrome, as well as service connection for radiculopathy of the right and left lower extremities.
- Denied
The Board denied an evaluation in excess of 10 percent for the Veteran's right knee disability, as there was no evidence of ankylosis, recurrent subluxation or lateral instability, dislocation or symptomatic removal of the semilunar cartilage, tibial or fibular impairment, genu recurvatum, extension limited to 10 degrees or more, flexion limited to 45 degrees or less, or the functional equivalent thereof.
- Denied
The Board denied the Veteran's claims for increased ratings and service connection, as the evidence did not support a higher disability rating or establish that her claimed conditions were related to service or secondary to her service-connected right knee disorders.
- Remanded (sent back)
The veteran's claims for increased ratings for his service-connected bilateral knee disabilities are being remanded for additional development, including a new VA examination.
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