The Veteran's service-connected disabilities rendered him unable to secure or follow gainful employment from at least July 31, 2019, such that entitlement to a TDIU is warranted from that date. The AOJ did not substantially comply with the Board's April 2022 remand directives and another remand is required.
The deciding factor: The Veteran's service-connected disabilities rendered him unable to secure or follow gainful employment due to his right leg disability, which prevented him from standing without assistance or for prolonged periods of time.
- Claimed conditions
- Right knee limitation of extension, Residual of osteoid osteoma of the right lower leg (limited flexion), Right knee instability, Painful and unstable scars, right lower extremity, Surgical scar, right tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 30, 2022
- Citation
- 22055767
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 22055767.
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.
- Granted
The Veteran's right knee disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Granted
The Veteran's right knee disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Granted
The Board has granted effective dates of June 17, 2010 for service connection and separate ratings for right knee instability and left knee instability.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate medical opinion regarding the aggravation of a preexisting right knee condition during service. The Veteran's right knee condition was noted prior to service, and the VA examiner concluded it did not worsen beyond its natural progression.
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