The Veteran's initial compensable rating for scar status post left knee surgery is denied.,Service connection for a psychiatric disability, to include depression, is denied.,The claim for service connection for a trachea disorder secondary to service-connected lumbar spine DDD and spondylosis is remanded.,The Veteran's increased rating claims for the left knee disabilities are remanded.,The Veteran's increased rating claim for his lumbar spine disability prior to March 26, 2019 is remanded.,The Veteran's increased rating claims for radiculopathy of both lower extremities are remanded.,The Veteran's service connection claim for increased urinary frequency as secondary to service-connected lumbar spine DDD and spondylosis is remanded.,The Veteran's service connection claim for erectile dysfunction as secondary to service-connected lumbar spine DDD and spondylosis is remanded.,The Veteran's TDIU claim is remanded.
The deciding factor: The Veteran's left knee surgical scar does not meet the criteria for a compensable rating due to lack of pain or instability, and its size does not warrant such a rating.,There is no evidence of a current psychiatric disability that meets the DSM-V criteria for depression. The Veteran has declined further intervention for depression.,The claim for service connection for a trachea disorder secondary to service-connected lumbar spine DDD and spondylosis requires additional development, including an examination and opinion regarding potential VA negligence.,Additional evidence of treatment for the left knee disabilities is needed, particularly in light of the April 2019 VA examiner's failure to address pain on motion and repetitive use.,The Veteran's lumbar spine disability warrants further examination due to a recent increase in rating assigned in May 2019. Additional examination is necessary to assess current severity and provide updated findings under the revised criteria for Diagnostic Code 5257.,Additional evidence of treatment for the bilateral lower extremity radiculopathy is needed, including an August 2020 VA examination which was not considered in a SSOC.,The Veteran's service connection claims for increased urinary frequency and erectile dysfunction require additional medical opinion to determine their etiology.,A TDIU claim is remanded as it is inextricably intertwined with the other service connection and rating issues.
- Claimed conditions
- scar status post left knee surgery, psychiatric disorder (depression), trachea disorder, left knee degenerative joint disease (DJD), laxity of the left anterior crucial ligament (ACL), lumbar spine DDD and spondylosis, radiculopathy of the left lower extremity (sciatic nerve), radiculopathy of the right lower extremity (sciatic nerve), urinary frequency, erectile dysfunction
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2022
- Citation
- 22053349
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 22053349.
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.
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- Remanded (sent back)
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- Granted
The Board has granted service connection for prostate cancer, coronary artery disease (CAD), diabetes mellitus type II (DM II), hypertension, and erectile dysfunction as secondary to service-connected DM II. The Veteran's exposure to Agent Orange during active service is presumed.
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