The Board has remanded several claims related to the Veteran's knee and back disabilities, including for new examinations and consideration of additional evidence.
The deciding factor: The decision is based on the need for further examination and review of post-service treatment records due to a lack of notice to the Veteran regarding unavailability of certain Federal records.
- Claimed conditions
- Right Knee Limitation of Motion, Left Knee Extension, Right Knee Lateral Instability, Left Knee Lateral Instability, Thoracolumbar Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2020
- Citation
- 20081391
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 (OSA) as secondary to the Veteran's service-connected hypertension and an earlier effective date of May 14, 2018, for radiculopathy right lower extremity. Other claims were denied.
- Partly granted
The Board denied a rating higher than 20 percent for right knee limitation of motion but granted a separate 10 percent rating, but no higher, for right knee instability.
- Partly granted
The Board denied an initial rating greater than 10 percent for left knee limitation of flexion prior to February 17, 2024, and greater than 20 percent thereafter for left knee limitation of extension. However, the Board granted a separate 10 percent rating for left knee limitation of extension due to pain prior to February 17, 2024, and a separate 10 percent rating for left knee limitation of flexion from February 17, 2024, as well as a separate 10 percent rating for left knee lateral instability from the same date.
- Denied
The Board denied entitlement to Dependency and Indemnity Compensation under 38 U.S.C. § 1318 as the Veteran did not meet the required criteria for a continuous total disability rating.
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