The Board has remanded the case due to inadequate examination and failure to address whether a separate rating is warranted under DC 5258 for symptomatic meniscal tear.
The deciding factor: The VA examiner was unable to provide an adequate opinion regarding the Veteran's left knee disabilities without resorting to speculation, as he could not describe the functional loss caused by flare-ups and lateral instability.
- Claimed conditions
- Degenerative Joint Disease, Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- 20066025
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.
- Granted
The Board granted service connection for Parkinson's disease and related conditions, including Bradykinesia, instability, dysphagia, dysarthria, tremors, facial paralysis, an acquired psychiatric disorder, bowel incontinence, bladder incontinence, and radiculopathy of all four extremities, based on presumptive service connection due to exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for a new VA examination to determine the nature and etiology of each diagnosed right knee disability, including whether they were caused or aggravated by the Veteran's service-connected left knee disability.
- Denied
The Veteran's right ankle disability resulted in moderate limitation of motion prior to August 28, 2018. The Board found that the evidence did not support a higher rating as the degree of loss was not pronounced or striking.
- Granted
The Veteran's knee disabilities have been rated based on their effects on his ability to perform activities of daily living, with a 30 percent rating for post-operative residuals and a 40 percent rating for limited extension. A separate 10 percent rating has also been granted for symptomatic removal of semilunar cartilage.
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