The Board has remanded the Veteran's claims for additional development due to a lack of retrospective opinion and proper consideration of flare-ups during the appeal period.
The deciding factor: The VA examiner did not provide a retrospective opinion on the severity of the Veteran’s knee disability throughout the appeal period, including limitation of extension prior to December 12, 2019. Additionally, the examination did not adequately address the severity of the Veteran's right and left retropatellar pain syndrome during flare-ups.
- Claimed conditions
- Right knee retropatellar pain syndrome, Left knee retropatellar pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2020
- Citation
- 20064896
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 Veteran's claims for increased ratings for his right and left knee disabilities have been denied as the evidence does not show that either condition warrants a rating in excess of 10 percent.
- Granted
The Veteran's left and right knee disorders are rated at 30 percent each, effective July 31, 2020.
- Remanded (sent back)
The veteran's claims for service connection and increased ratings are being remanded for additional development, including a VA psychiatric examination and examinations to assess the current severity of his asthma and bilateral knee disabilities.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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