The Veteran's claims for increased ratings were denied. The Board found that the Veteran’s right and left knee disabilities did not meet criteria for higher ratings based on limitation of motion or extension, but remanded for further development.
The deciding factor: Higher ratings could not be assigned as there was no evidence of flexion limited to 30 degrees in either knee at any time during the appeal period.
- Claimed conditions
- Right Knee Arthritis, Left Knee Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080627
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 dismissed the appeal for service connection for OSA and denied a rating in excess of 10 percent for left knee patellofemoral pain syndrome. The remaining issues were remanded for further development.
- Partly granted
The appeal was dismissed for the claim of entitlement to service connection for an acquired psychiatric disability, and service connection for migraine headaches was restored. Several claims for service connection were denied.
- Partly granted
The Board granted the direct payment of attorney fees for service connection and increased evaluation of OSA with asthma, but denied it for other conditions.
- Partly granted
The Board granted an evaluation of 20 percent, but not in excess thereof, from February 13, 2009 to February 28, 2017 for left knee arthritis manifested by dislocation of the semilunar cartilage with frequent episodes of 'locking' pain and effusion into the joint. The Board also granted an evaluation of 10 percent, but not in excess thereof, from February 28, 2017 to January 7, 2018 for left knee instability.
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