The Veteran's initial disability rating for osteoarthritis of the left knee was denied prior to March 11, 2019. A 20 percent disability rating is granted from that date forward. The Board also remanded several other service connection claims due to insufficient development.
The deciding factor: The Veteran's left knee disability has been shown to have limited motion and functional loss with pain on movement, warranting a higher initial rating but not meeting the criteria for an increased rating prior to March 11, 2019. The right ankle disability is also rated as 20 percent disabling throughout the appeal period.
- Claimed conditions
- {"condition_name":"Osteoarthritis of the left knee","additional_conditions":["Hyperostosis of the left tibia"]}, {"condition_name":"Degenerative joint disease, right ankle sprain","additional_conditions":["Joint instability involving the ankle and foot"]}
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066703
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.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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