The Board has remanded the claims for higher ratings for right knee strain with tendonitis, left knee instability, thoracolumbar spine degenerative disc disease, and TDIU prior to July 28, 2010. The VA examinations were inadequate due to reliance on inaccurate factual premises.
The deciding factor: The medical opinions provided by the VA examiners are based on an inaccurate factual premise regarding the presence of a right knee meniscal tear during the appellate period and do not address the Veteran's service-connected conditions or provide an opinion as to whether any service-connected disability caused or aggravated his acquired right knee meniscus pathology.
- Claimed conditions
- Right Knee Meniscal Tear, Right Knee Strain with Tendonitis, Left Knee Instability, Thoracolumbar Spine Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2021
- Citation
- 21010948
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 21010948.
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.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Granted
The Veteran's service-connected disabilities, including PTSD, right knee meniscal tear, and IBS, have rendered him unable to secure or follow any substantially gainful employment from May 1, 2020 to May 1, 2021. The Board finds that the evidence is in balance, with all reasonable doubt resolved in favor of the Veteran.
- Partly granted
The Veteran's claims for service connection and increased ratings have been remanded due to insufficient evidence. The Board will consider all submitted evidence, including any new evidence provided by the Veteran.
- Remanded (sent back)
The Veteran's hypertension, left knee flexion limitation, and instability of the left knee are all rated at their maximum allowable under VA regulations. The right knee scar is not compensable. The Board has remanded for further examination to determine the severity of these conditions without considering the ameliorative effects of medication.
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