The Veteran's appeal for increased ratings for her right knee disability was denied by the Board, with some issues being granted a temporary 100% rating based on partial knee replacement from October 23, 2019 to December 1, 2020. The appeals were remanded multiple times due to procedural issues and the application of outdated caselaw.
The deciding factor: The VA examinations provided in the record did not include range of motion studies for the time period from June 5, 2009 to October 23, 2019, as required by recent court decisions. The Board found that this was due to the Veteran's knee replacement and could not be remedied with a new examination.
- Claimed conditions
- Right Knee Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2022
- Citation
- 22063473
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 22063473.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Board denied the Veteran's claim for service connection of a right knee disability, finding that there is no evidence to support an etiological relationship between his current condition and his military service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
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