The Veteran's initial rating for right knee degenerative joint disease/right knee strain is denied, but a separate 10 percent rating for right knee instability prior to July 8, 2021 is granted.,An initial rating higher than 30 percent for vestibular migraine headaches and an initial rating higher than 10 percent for adjustment disorder with depressed and anxious mood prior to July 3, 2014 are both remanded. A rating higher than 30 percent for adjustment disorder with depressed and anxious mood between July 3, 2014 and March 28, 2016 is also remanded. A rating higher than 50 percent for major depressive disorder (previously rated as adjustment disorder with depressed and anxious mood prior) from March 28, 2016 is remanded.,The Veteran's service-connected right knee degenerative joint disease/right knee strain is currently rated at 10 percent. The Veteran seeks a higher rating, but the Board finds no evidence to support such an increase in disability level.
The deciding factor: The Veteran's claims for increased ratings are remanded due to lack of recent medical examinations and evaluations.
- Claimed conditions
- right knee degenerative joint disease/right knee strain, vestibular migraine headaches, adjustment disorder with depressed and anxious mood
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2022
- Citation
- 22053175
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 22053175.
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 Board has determined that the Veteran's claims for service connection are remanded due to inadequate medical opinions and a failure to provide requested information.
- Dismissed
The appeal seeking an effective date earlier than May 20, 2021, for the Veteran's service-connected adjustment disorder with depressed and anxious mood and depressive disorder was dismissed due to a written withdrawal by the Veteran.
- Granted
The Board has determined that the Veteran's service-connected adjustment disorder caused his obstructive sleep apnea, and thus grants service connection for OSA as secondary to his service-connected condition.
- Remanded (sent back)
The Board has decided to remand the cases for further review of new evidence submitted by the Veteran, including VA treatment records from 2021 to 2023. The AOJ will issue a supplemental statement of the case that considers this additional evidence.
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