The Board has remanded the case due to non-compliance with previous remand directives, specifically regarding clarification from Dr. J.M.H. on his November 2015 private medical evaluation of the Veteran's service-connected knees.
The deciding factor: The AOJ failed to substantially comply with the June 2021 Board remand instructions related to obtaining clarification from Dr. J.M.H.
- Claimed conditions
- left knee bipartite patella, right knee bipartite patella, right knee meniscectomy, left knee limitation of flexion, right knee limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2022
- Citation
- 22015406
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 22015406.
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.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Denied
The Board has denied service connection for left ear hearing loss and granted earlier effective dates of January 22, 2024, for the grants of service connection for right ear hearing loss, a left shoulder disability (left shoulder strain with joint instability), a low back disability (lumbosacral strain with intervertebral disc syndrome (IVDS)), left knee strain, left knee limitation of flexion, and left knee limitation of extension.
- Granted
The Board has granted service connection for tinnitus, right knee meniscal tear with osteoarthritis and patellofemoral pain syndrome, and right knee limitation of extension. The effective dates are April 15, 2015, January 30, 2015, and January 20, 2015 respectively.
- Denied
The Board found that the severance of service connection for left knee osteoarthritis and limitation of flexion was proper, and the reduction in the schedular rating from 20 percent to 10 percent for left knee chondromalacia with spurring and patellofemoral syndrome was improper. The appeal is denied.
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