The Veteran's appeal for an initial disability rating in excess of 10 percent for right knee instability is being remanded due to a failure to obtain relevant medical records from Pure Physical Therapy.
The deciding factor: The VA did not make reasonable efforts to obtain the Veteran's treatment records from Pure Physical Therapy, which was a pre-decisional duty to assist error.
- Claimed conditions
- Right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2021
- Citation
- A21018517
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 A21018517.
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.
- Granted
The Veteran's right knee disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Granted
The Veteran's right knee disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Granted
The Board has granted effective dates of June 17, 2010 for service connection and separate ratings for right knee instability and left knee instability.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate medical opinion regarding the aggravation of a preexisting right knee condition during service. The Veteran's right knee condition was noted prior to service, and the VA examiner concluded it did not worsen beyond its natural progression.
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