The Board has remanded the claims for additional development, including obtaining a retrospective opinion from the VA examiner regarding the extent of additional functional loss or limitation of motion experienced during flare-ups of pain and in terms of active and passive range of motion.
The deciding factor: The Board found that an addendum retrospective opinion was needed to address the Veteran's complaints of additional functional loss or limitation of motion during flare-ups of pain and in terms of active and passive range of motion, as well as weightbearing and non-weightbearing situations.
- Claimed conditions
- Right Knee Scar, Left Knee Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070123
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 Veteran's service-connected disabilities, including an acquired psychiatric disorder, bilateral knee, and bilateral foot disabilities, collectively warranted entitlement to a total disability rating based on individual unemployability from July 7, 2022 to October 9, 2023.
- Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) effective February 19, 2015.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 70 percent for PTSD, in excess of 20 percent for a left knee disability, and a compensable rating for a left knee scar to allow VA to obtain relevant outstanding Social Security Administration (SSA) disability/medical records and provide a more adequate examination.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as his combined service-connected disabilities did not render him unable to secure or follow substantially gainful employment.
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