The Board has found that there has not been substantial compliance with the August 2021 Board remand and has ordered further action to be taken on the appeals for higher ratings for service-connected ankle, knee, and hip disabilities. The AOJ is required to review the expanded record, including private examinations submitted by the Veteran's representative in December 2020, and any additional audiograms obtained.
The deciding factor: The Board found that there has not been substantial compliance with the August 2021 remand regarding the appeals for higher ratings for service-connected ankle, knee, and hip disabilities. The AOJ is required to review the expanded record, including private examinations submitted by the Veteran's representative in December 2020, and any additional audiograms obtained.
- Claimed conditions
- post-operative right ankle instability, left ankle degenerative arthritis, right knee degenerative joint disease, left knee degenerative joint disease, right hip degenerative joint, left hip degenerative joint
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2021
- Citation
- 21069784
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 21069784.
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 Board remands the Veteran's claims for increased ratings of his bilateral knee disabilities due to a need for an additional VA examination that addresses the level of functional impairment absent the beneficial effects of medication.
- Denied
The Board denied the veteran's claims for increased ratings for right knee degenerative joint disease and left knee osteoarthritis, as he failed to appear for a scheduled VA examination without good cause.
- Denied
The Board denied an increased rating of more than 20 percent for left ankle degenerative arthritis from February 19, 2024.
- Partly granted
The Board denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
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