The Board remands the issues of entitlement to a rating in excess of 10 percent for left knee flexion and entitlement to TDIU, as there was not substantial compliance with previous remand directives.
The deciding factor: The August 2022 opinion did not substantially comply with the Board's remand directives regarding the issue of entitlement to an increased rating for left knee flexion for the appeal period prior to July 25, 2017, and a decision on this issue could significantly impact the TDIU claim.
- Claimed conditions
- limited flexion of the left knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000026
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.
- Partly granted
The Board granted restoration of the 20 percent evaluation for the Veteran's service-connected limitation of extension of the left knee, effective August 17, 2023. The other claims were denied.
- Remanded (sent back)
The Board remands the increased rating claims for service-connected disabilities of both knees to ensure compliance with its previous remand instructions.
- Partly granted
The veteran was granted a 10% rating for painful extension of both knees effective February 14, 2022. Other claims were denied or remanded.
- Partly granted
The veteran's claim for an increased rating greater than 10 percent for limited flexion and extension of both knees from October 20, 2015 to March 12, 2017 was denied. However, the veteran was granted a 20 percent rating for limitation of flexion and extension of both knees from March 13, 2017 to March 27, 2024. The claim for an increased rating greater than 20 percent beginning March 28, 2024 was remanded.
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