The Board has remanded the claims for a rating in excess of 10 percent for service-connected left knee disability prior to May 19, 2015 and 40 percent thereafter, service connection for a low back disability, to include as secondary to service-connected left knee disability, and service connection for a right knee disability, to include as secondary to service-connected left knee disability. The TDIU claim has also been added to the appeal.
The deciding factor: The Board found that VA did not substantially comply with the January 2018 Board remand due to lack of attempts to obtain pertinent records from The Chesapeake Spine Center and SSA, and thus remanded these issues for further development.
- Claimed conditions
- left knee disability, low back disability, right knee disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2021
- Citation
- 21001252
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 21001252.
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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
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