The Veteran's claims for increased ratings and TDIU are being remanded due to the AOJ's failure to address his assertion regarding the adequacy of the 2019 VA examination, secure outstanding records from his knee treatment visits, and consider all pertinent evidence in the record.
The deciding factor: The Board found that the AOJ did not adequately address the Veteran's claim for increased ratings and TDIU due to the lack of consideration of the Veteran's assertion regarding the adequacy of the 2019 VA examination and the absence of records from his knee treatment visits.
- Claimed conditions
- left knee strain, degenerative joint disease, right knee tendonitis, degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2022
- Citation
- A22022630
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 A22022630.
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 has restored the Veteran's rating for his right elbow condition from 10 percent to 20 percent effective May 5, 2025, finding that the evidence was in equipoise regarding whether there had been improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Granted
The Board has granted earlier effective dates of January 13, 2020 for the service connection of low back disability and related radiculopathy issues. The Veteran's claims were reopened due to new evidence submitted in January 2020.
- Denied
The Veteran's claims for earlier effective dates for his service-connected left shoulder tendonitis, right shoulder tendonitis, left knee tendonitis, and right elbow tendinitis (impairment of supination and pronation) have been denied.,The Veteran's claim for an earlier effective date for his service-connected right elbow tendinitis (limitation of flexion) has also been denied.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
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