The Veteran's appeals for increased ratings for his right knee disability and TBI, as well as a claim for TDIU, are being remanded due to lack of substantial compliance with prior Board directives.
The deciding factor: The previous remand directives were not substantially complied with regarding the assessment of functional impairment during flare-ups for the right knee and the severity of the service-connected traumatic brain injury throughout the appeal period.
- Claimed conditions
- right knee medial joint space narrowing, traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2022
- Citation
- 22005028
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 22005028.
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.
- Denied
The Veteran's claims for bilateral hearing loss, tinnitus, lumbar spine disability, right hand disability, left hip disability, TBI, and left knee disability have all been denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.,Specifically, the VA examination in December 2019 determined that the Veteran's hearing loss and tinnitus were not related to his military service.
- Dismissed
The Veteran's appeals for service connection on multiple conditions have been dismissed due to the Veteran's withdrawal of the appeal.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to a failure by the AOJ to obtain his complete service personnel records and service treatment records, which were received prior to the issuance of the decision on appeal.
- Granted
The Veteran's claim of service connection for dizziness, TBI, MDD, and anxiety disorder is granted as new evidence has been received. The claims are remanded to obtain VA examinations.
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