The Board has remanded the claims for right knee instability, status post ACL repair/medial hemiarthroplasty with antalgic gait, and right knee medial meniscus tear due to insufficient development of evidence regarding range of motion during flare-ups and repetitive use.
The deciding factor: The VA examination provided in May 2021 did not comply with the July 2020 remand directive requiring a retrospective estimate opinion about the degree of limitation on range of motion during flare-ups and with repetitive use over time, which was based solely on speculation.
- Claimed conditions
- Right knee instability, Status post ACL repair/medial hemiarthroplasty with antalgic gait, Right knee medial meniscus tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2021
- Citation
- 21061651
Veterans Law Judge
Decisions by this judge: 899 · Granted: 45% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 21061651.
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.
- 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.
- 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.
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