The Board has ordered a new VA examination to assess the Veteran's bilateral knee disabilities and major depressive disorder throughout the appeal period. The issues of increased ratings for knees, earlier effective dates for service connection, an initial rating in excess of 70 percent for major depressive disorder, TDIU prior to July 19, 2012, and additional SMC are all remanded.
The deciding factor: The Board found the VA examiner's opinions insufficient due to lack of consideration of functional impairment factors and incorrect factual premises regarding the Veteran's treatment history. The examination was ordered again to address these issues.
- Claimed conditions
- limitation of extension of the right knee, impairment of the right knee, left knee traumatic arthritis with history of arthroplasty, major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2022
- Citation
- 22029614
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 22029614.
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 claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Dismissed
The Veteran's appeal for service connection for posttraumatic stress disorder and major depressive disorder has been dismissed as the appellant requested withdrawal of the appeal.
- Remanded (sent back)
The Board has decided that the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD, should be remanded due to a failure to verify a stressor related to the death of his two best friends in Iraq. The AOJ needs to develop this stressor.
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