The Veteran's bilateral knee conditions are rated as noncompensable, and a separate rating for limited flexion is granted. The issues of service connection for an acquired psychiatric disorder and TDIU remain pending.
The deciding factor: The evidence does not meet the criteria for higher ratings under any applicable diagnostic codes due to lack of objective findings supporting more severe limitations of motion or instability.
- Claimed conditions
- Right knee chondromalacia, Left knee chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- December 31, 2020
- Citation
- 20081981
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 remands the claims for further development and readjudication due to non-compliance with previous remand instructions.
- Partly granted
The Board granted a rating of 20 percent for left knee chondromalacia but denied service connection for body arthritis and left lower extremity neuropathy. The claims for service connection for left hip/knee disability and right hip disability were remanded.
- Denied
The Board denied disability ratings in excess of the current 20 percent for degenerative disc disease and intervertebral disc syndrome of the lumbar spine post laminectomy, 20 percent for residuals of a fractured right clavicle, 10 percent for right knee chondromalacia, and 10 percent for residuals of a right wrist fracture.
- Granted
The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation, and he is granted a total disability rating based on individual unemployability.
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