The Board has determined that additional procedural development is necessary and the Veteran's claims for increased initial ratings for his service-connected right knee and lower back disabilities are REMANDED. The AOJ must review all new evidence added to the record since the April 2020 Supplemental Statement of the Case.
The deciding factor: The Board found that additional government medical records were not reviewed by the AOJ, which could potentially be prejudicial due to the timing of their receipt after issuance of the SSOC. The AOJ is instructed to issue a supplemental statement of the case (SSOC) with consideration of these new records.
- Claimed conditions
- Right Knee Disability, Lower Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20066839
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 obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board granted service connection for obstructive sleep apnea and insomnia, but denied service connection for right knee disability, left knee disability, right ankle disability, intestinal condition (chronic colitis), and chronic migraine disability.
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