The Board has remanded the Veteran's claims for increased ratings for his bilateral knee disabilities due to inadequate VA examination and incomplete development of records. The Veteran is required to undergo a new VA examination to assess the severity of his knee conditions, including range of motion studies that consider pain during active and passive motion in both weight-bearing and non-weight-bearing positions.
The deciding factor: The Board found that the June 2019 VA examination used by the RO was inadequate due to not considering the Veteran's complaints of pain with and without weight bearing and resistance in range of motion studies, as well as during flare-ups. The Court also noted incomplete development of records post-August 2017.
- Claimed conditions
- Right Knee Instability/Subluxation, Left Knee Instability/Subluxation, Right Knee Limitation of Motion prior to May 28, 2019, Left Knee Limitation of Motion prior to May 28, 2019, Right Knee Limitation of Extension from May 28, 2019, Left Knee Limitation of Flexion from May 28, 2019
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2022
- Citation
- 22017030
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 22017030.
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 Board granted increased ratings of 30 percent for right knee instability/subluxation and left knee instability/subluxation, and additional ratings of 20 percent for right and left knee cartilage disabilities. The rating for left knee limitation of extension was dismissed as the Veteran withdrew his appeal.
- Granted
The Veteran's right knee disability is currently rated at 10 percent for limitation of motion and granted a 10 percent rating for instability/subluxation from January 31, 2011 to May 11, 2021. The Board denied higher ratings for the right knee disability.
- Granted
The Veteran's left knee disability, characterized by limited flexion and instability, is now rated at 20 percent effective June 8, 2021.
- Granted
The Board has granted a rating of 20 percent for left knee instability/subluxation and right knee instability/subluxation since May 9, 2017. The Veteran's right plantar fasciitis continues to be rated at 20 percent.
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