The Veteran's psychiatric disability is rated at 30 percent and the claim for an increased rating is denied.,The Veteran's right leg disabilities are currently rated at 10 percent, and a higher rating is denied as a matter of law due to the amputation rule.,For the period prior to December 2, 2021, the Veteran's right leg disability in Muscle Group XI is rated at 10 percent, and a higher rating is denied as a matter of law due to the amputation rule.,For the period from December 2, 2021, the Veteran's right leg disability in Muscle Group XI is rated at 30 percent, and a higher rating is denied as a matter of law due to the amputation rule.,The Veteran's right knee disability is currently rated at 30 percent and the claim for an increased rating is remanded.,The Veteran seeks service connection for his left knee disability. The current evidence does not support this claim, and another VA examination is required.
The deciding factor: The Veteran's psychiatric symptoms do not meet the criteria for a higher rating as they cause occupational and social impairment with reduced reliability and productivity.,The amputation rule prohibits a combined rating greater than 40 percent for disabilities of an extremity, which includes the right leg disability in Muscle Groups XI and XII. The Veteran's existing ratings exceed this limit.,The December 2021 VA examination did not provide measurements for pain on weight bearing or non-weight bearing motion, as required by Correia v. McDonald (2016).,The left knee arthritis is rated based on the severity of the meniscal tear and osteoarthritis, but a nexus opinion was provided regarding both disabilities.,The Veteran's right knee disability requires an examination to determine its current severity as per Correia v. McDonald (2016).,A VA examination is needed to address whether the left knee disability is secondary to common peroneal nerve palsy or retained foreign bodies of the right leg in Muscle Group XI and Muscle Group XII.
- Claimed conditions
- Psychiatric disability, Right knee disability, Left knee disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2022
- Citation
- 22071274
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 22071274.
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.
- Denied
The Veteran's claim for an increased rating of his psychiatric disability was the initial decision, and thus attorney fees are not eligible based on past due benefits awarded in April 2025.
- Denied
The Veteran's psychiatric disability is currently rated at 30 percent, which is the lowest possible rating under the General Rating Formula for Mental Disorders. The Board found that his symptoms did not warrant a higher rating as they were intermittent and did not significantly impair his occupational or social functioning.
- Denied
The Board denied the Veteran's motion to revise the May 2013 rating decision that denied a TDIU, finding no clear and unmistakable error.
- Dismissed
The Veteran's service-connected psychiatric disability has been rated at 100 percent, and he is already receiving special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114(s). Therefore, there remains no issue for the Board to resolve regarding entitlement to Total Disability due to Individual Unemployability (TDIU).
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