The Veteran's initial rating for right knee disability based on limitation of flexion is denied, and a higher rating for the same condition based on limitation of extension effective July 3, 2019 is also denied. The TDIU claim is denied, and the left ankle disability prior to August 9, 2016 remains remanded.
The deciding factor: The VA examinations did not show sufficient evidence for higher ratings under DCs 5260 or 5261 due to flexion and extension limitations respectively.
- Claimed conditions
- Right Knee Disability, Left Ankle Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070661
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.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- 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.
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