The Veteran's claims for a rating in excess of 10 percent for right knee DJD and TDIU are remanded due to the failure to schedule a VA examination.
The deciding factor: The Board found that the Veteran was unable to attend the scheduled VA examination due to incarceration, which violated VA policies requiring tailored assistance to meet the circumstances of confinement.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20066865
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 denied increased ratings for DJD and instability of both knees but granted separate 20 percent ratings for dislocated semilunar cartilage in the left and right knees.
- Denied
The Board denied a rating in excess of 10 percent for degenerative joint disease (DJD) of the lumbosacral spine prior to October 29, 2021, and a total disability rating based on individual unemployability due to service-connected disabilities prior to April 25, 2017.
- Partly granted
The Board denied increased ratings for the Veteran's lumbar spine, left lower extremity radiculopathy, and right knee disabilities but granted a 20 percent rating for right lower extremity radiculopathy.
- Denied
The Board denied the Veteran's claims for increased ratings for right knee flexion and extension disabilities, finding that the evidence did not support a higher rating at any point during the relevant period.
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