The Board has remanded the claims for an evaluation in excess of 10 percent for chondromalacia of the right knee patella and entitlement to a total disability rating based on individual unemployability (TDIU) due to the Veteran's failure to report for a VA examination. The Veteran was previously notified that his failure to report would result in denial of his claim, but he has not withdrawn his appeal or provided written notice of withdrawal.
The deciding factor: The Veteran failed to report for an examination requested by the RO and thus the claims are remanded due to the potential denial if the Veteran's failure is deemed intentional.
- Claimed conditions
- chondromalacia of the right patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2020
- Citation
- 20039702
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20039702.
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.
- Remanded (sent back)
The Board has remanded the cases due to inadequate VA examination reports and issues of bilateral knee instability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a rating in excess of 20 percent for chondromalacia of the right patella with degenerative changes and instability, and for a rating in excess of 10 percent for chondromalacia of the left patella due to inadequate VA examination findings.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for chondromalacia of the right patella and entitlement to TDIU due to conflicting evidence regarding flare-ups, instability, and functional loss. The case is also remanded for an updated examination.
- Remanded (sent back)
The Board has decided to remand three issues: service connection for plantar fasciitis of the left foot, increased rating for limited right knee flexion, and increased rating for chondromalacia of the right patella. The AOJ must issue a supplemental statement of the case (SSOC) that considers additional VA records submitted since the issuance of the statements of the case.
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