The Board remands the issue of entitlement to a rating in excess of 30 percent for right total knee replacement (TKR) prior to October 15, 2020, and in excess of 60 percent thereafter for additional evidence.
The deciding factor: Remand is necessary due to inadequate range of motion testing as per Correia v. McDonald and Sharp v. Shulkin decisions.
- Claimed conditions
- right total knee replacement (TKR)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2021
- Citation
- 21061439
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 denied an initial rating in excess of 10 percent for the Veteran's right knee arthritis prior to April 7, 2021; granted a 20 percent rating from April 7, 2021, to March 30, 2023; and denied a rating in excess of 30 percent from August 1, 2023.
- Partly granted
The Board granted service connection for erectile dysfunction as secondary to the Veteran's service-connected PTSD, heart disease, and hypertension. The appeal seeking to readjudicate a claim for service connection for hypertension based on new evidence was dismissed as moot. Bilateral hearing loss will be readjudicated by the AOJ.
- Partly granted
The Board denied higher ratings for the veteran's left knee and right hip conditions, granted a 60 percent rating for status post right TKR from August 1, 2019, to August 3, 2023, and a 50 percent rating for left THA from September 1, 2021, onward.
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