The Board has remanded the cases of a rating in excess of 20 percent for the residuals of a fracture of the left patella and total disability based on individual unemployability (TDIU) due to incomplete development.
The deciding factor: Incomplete development of records, particularly private treatment records from Dr. Russell Remalia, D.O., which were not considered by the VA examiners in their previous examinations.
- Claimed conditions
- fracture of the left patella, dislocation of the semilunar cartilage of the left knee, surgical scar left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- 20080761
Veterans Law Judge
Decisions by this judge: 1,960 · Granted: 36% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20080761.
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.
- Remanded (sent back)
The Board has decided to remand multiple claims for increased disability ratings for the Veteran's bilateral knee disabilities due to inadequate examination and missing information.
- Remanded (sent back)
The Veteran's claim for special monthly compensation based on the need for aid and attendance is remanded due to incomplete medical records and the need for a physical examination.
- Granted
The Board has determined that the Veteran's death was caused by his service-connected disabilities, specifically his use of non-steroidal anti-inflammatory drugs (NSAIDs) to treat these conditions.
- Denied
The Veteran's claim for increased evaluations for his left knee conditions was denied by the RO, with a final rating of 10 percent assigned.
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