The Board has remanded the Veteran's claims for right knee chondromalacia patella, left knee chondromalacia patella, right knee lateral and medial instability, and left knee lateral and medial instability as new evidence was added to the record since the last SSOC.
The deciding factor: New evidence including a VA examination dated in September 2020 has been added to the claims file, which addresses the severity of the Veteran's bilateral knee disability. The appeal must be remanded for the AOJ to consider this new evidence in the first instance prior to any Board consideration.
- Claimed conditions
- right knee chondromalacia patella, left knee chondromalacia patella, right knee lateral and medial instability, left knee lateral and medial instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080482
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 earlier effective dates for service connection and granted increased ratings for lumbosacral strain and right ankle disability.
- Partly granted
The Board granted a 10 percent rating for right knee limitation of extension and left knee limitation of extension, but denied ratings in excess of 10 percent for right and left knee chondromalacia patella.
- Denied
The Board denied a rating in excess of 10 percent prior to May 20, 2023, a rating in excess of 20 percent from May 20, 2023 to July 3, 2023, and a rating in excess of 10 percent thereafter for the Veteran's right knee chondromalacia patella.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings for various knee and hip conditions, as well as granted a rating of 10 percent from June 16, 2022, for right knee instability.
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