The Veteran's claim for a separate disability rating of 10 percent for osteoarthritis of the left knee is granted from July 23, 2009, to July 5, 2012.,The Veteran’s TDIU claim is remanded due to insufficient consideration of her service-connected left knee disabilities.
The deciding factor: The Board found that the clinical findings did not warrant a compensable rating under DC 5260 for limitation of flexion alone, but granted a separate 10 percent rating based on limitation of flexion with painful motion.,The Court noted that the Board failed to consider a February 2014 VA examiner's opinion regarding the Veteran’s ability to work due to her left leg disability.
- Claimed conditions
- osteoarthritis, internal derangement, left knee, ruptured anterior medial band with DJD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- 20066217
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 Board denied service connection for multiple conditions, including rheumatoid arthritis, right hip degenerative joint disease and rheumatoid arthritis with acetabular cyst status post right total hip replacement, osteoarthritis, psoriatic arthritis, hypertension, prostate cancer, diabetes mellitus type II, fever sores, and a compromised immune system, as the evidence did not support a finding of service connection for any of these conditions.
- Granted
The Veteran's service-connected left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Remanded (sent back)
The appeal for special monthly pension (SMP) based on the need for regular aid and attendance or housebound status is remanded to ensure that the appellant receives every possible consideration, including a new VA examination.
- Denied
The Board denied service connection for a left ankle disability, low back disability, right knee disability, and left knee disability as the evidence did not support that these conditions were incurred in or aggravated by active service.
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