The Board remands the issues of entitlement to increased ratings for right and left knee conditions, as well as a TDIU claim, due to new evidence that has not been considered by the AOJ.
The deciding factor: Remand is necessary for the AOJ to consider the new evidence and readjudicate the claims on appeal with issuance of a Supplemental Statement of the Case (SSOC).
- Claimed conditions
- right knee strain with arthritis and status post meniscectomy, left knee strain with arthritis, residuals of left total knee replacement to include history of previous meniscectomy and arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001430
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 higher than 50 percent for PTSD, granted a 20 percent rating for bilateral dry eye syndrome, and denied ratings higher than 10 percent for left knee strain with arthritis and a compensable initial rating for right ear hearing loss. The Board also denied service connection for left ear hearing loss, tinnitus, left hip arthralgia, right hip arthralgia, right foot pes planus and plantar fasciitis, status post subtalar joint arthrodesis (right foot condition), and candida infections but granted service connection for left leg lower extremity radiculopathy and right leg lower extremity radiculopathy secondary to lumbosacral strain with degenerative arthritis.
- Dismissed
The Veteran's claims of entitlement to increased ratings for right ankle, left hip, left knee, right knee, and lumbar spine disabilities and entitlement to TDIU are dismissed due to a procedural defect in the filing of the appeal.
- Dismissed
The Veteran's appeal for a disability rating in excess of 30 percent for left knee strain with arthritis was dismissed due to the Veteran withdrawing his appeal. The claims for right knee disorder and PTSD are remanded.
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