The Veteran's low back disability is remanded for further examination and opinion regarding the cause of his condition. The right knee instability, bilateral knee disabilities, left knee impairment with traumatic arthritis and degenerative arthritis (limitation of flexion), and right knee impairment with traumatic arthritis and degenerative arthritis (limitation of flexion) are also remanded. Bilateral hearing loss is remanded for a new VA examination.
The deciding factor: The Veteran's low back disability may be due to the carelessness, negligence, lack of proper skill, error in judgment, or other instance fault in multiple surgical operations to his back, including medical equipment left in his spine by VA. The right knee instability, bilateral knee disabilities, left knee impairment with traumatic arthritis and degenerative arthritis (limitation of flexion), and right knee impairment with traumatic arthritis and degenerative arthritis (limitation of flexion) are also remanded as the Veteran's symptoms have worsened since his last examination.
- Claimed conditions
- Degenerative disc disease of the low back (low back disability), Right knee instability, Left knee degenerative arthritis with internal derangement (limitation of extension), Left knee instability, Left knee impairment with traumatic arthritis and degenerative arthritis (limitation of flexion), Right knee impairment with traumatic arthritis and degenerative arthritis (limitation of flexion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20007923
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 a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Partly granted
The Board granted a 30 percent rating for right knee instability and a 20 percent rating for painful and/or limited motion of the right knee, but denied a higher rating for degenerative arthritis of the right knee.
- Partly granted
The Board denied ratings in excess of 10 percent for left and right knee patellofemoral pain syndrome but granted a separate 10 percent rating for left knee instability. The claim for service connection for a back disorder was remanded.
- Denied
The Board denied ratings in excess of 10 percent for the veteran's left hamstring and right knee conditions, as well as a TDIU claim.
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