The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate VA examinations in the previous rating decisions. The Board requires a new examination to assess the current severity of his service-connected left knee disabilities, including pain, weakness, fatigability, or incoordination.
The deciding factor: The previous VA examinations failed to comply with the Board's remand instructions and did not provide adequate reasoning for their conclusions regarding functional impairment due to repetitive use and flare-ups.
- Claimed conditions
- left knee instability, status post Osgood-Schlatter’s disease in left knee with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2020
- Citation
- 20065530
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.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- Denied
The Board denied restoration of the 30 percent ratings for left knee arthritis (flexion), left knee strain arthritis (extension), and left knee instability, as well as a 20 percent rating for left ankle chronic sprain. The Veteran's claims for increased ratings were also denied.
- Partly granted
The Board granted service connection for right knee gout and a rating of 50 percent for the Veteran's right wrist condition, while remanding several other issues related to his knees and instability.
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