The Board has remanded the Veteran's claims for a higher rating for right knee degenerative arthritis and residuals of a right knee injury with anterior cruciate ligament and meniscal tears due to inadequate range of motion testing in weight-bearing.
The deciding factor: The VA examinations did not include range of motion testing in weight-bearing as required by Correia v. McDonald, 28 Vet. App. 158 (2016).
- Claimed conditions
- right knee degenerative arthritis, residuals of a right knee injury with anterior cruciate ligament and meniscal tears
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073416
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 a disability rating in excess of 10 percent for right knee meniscal tear with degenerative arthritis and granted a separate 20 percent rating for right knee instability.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, left and right lower extremity radiculopathies, left and right hip pain, right knee degenerative arthritis, generalized anxiety disorder, and depressive disorder.
- Partly granted
The Board granted an increased rating of 20 percent for left knee limitation of flexion and a 10 percent rating for right knee limitation of flexion, effective February 24, 2025, while denying ratings in excess of the current levels for both knees.
- Granted
The Board granted service connection for right and left hallux valgus, right and left femoral acetabular impingement syndrome, right knee degenerative arthritis, left knee strain, cervical strain, right shoulder strain, and dyspnea as secondary to the Veteran's service-connected degenerative arthritis of the spine and sleep apnea.
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