The Board has decided to remand the claims for increased ratings and TDIU prior to September 22, 2014 on an extraschedular basis due to the need for retrospective opinions addressing functional loss during flare-ups and repeated use.
The deciding factor: Retrospective opinions are needed to supplement the VA examination reports where flare-ups and additional functional loss after repeated use were reported but no ROM loss estimates were provided.
- Claimed conditions
- left knee degenerative lateral meniscus tear with degenerative joint disease and lateral compartment post arthroscopies, limitation of extension of the left leg, left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2022
- Citation
- 22036643
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 22036643.
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 were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- 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.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
- Denied
The Board denied increased disability ratings for left knee limitation of flexion and left knee instability, finding that the Veteran's symptoms did not meet or approximate the criteria for a higher rating under the applicable diagnostic codes.
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