The Board has decided to remand the case due to the failure of the VA examiner to provide a retroactive medical opinion and to consider the Veteran's testimony at his May 2009 DRO hearing regarding swelling and inability to bend his left knee. The case is being returned for further development.
The deciding factor: The Board found that the VA examiner did not provide a retroactive medical opinion as requested, which was necessary to comply with the Court's decision.
- Claimed conditions
- limitation of left knee flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 2, 2022
- Citation
- 22043862
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 22043862.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development regarding his claims of service connection and increased ratings for PTSD, sleep apnea, right knee disability, limitation of left knee extension, limitation of left knee flexion, and left shoulder disability.
- Denied
The Board denied increased disability ratings for the left knee instability, limitation of extension, and flexion, as well as for the right long finger disability.
- Dismissed
The Veteran requested the withdrawal of his appeals for initial evaluations and increased ratings for various left knee conditions, resulting in their dismissal.
- Partly granted
The Board denied increased ratings for the Veteran's knee and hearing loss conditions, granted a 40% rating for lumbar strain from September 6, 2022 to November 28, 2022, and granted 20% ratings for left and right lower extremity radiculopathy effective from September 6, 2022. The Board remanded service connection for scalp folliculitis.
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