The appeal for an increased disability rating in excess of 10 percent prior to September 2, 2021, and in excess of 30 percent thereafter for the service-connected right knee disability is remanded due to inadequate medical opinions.
The deciding factor: The examiner's opinion addressing whether there existed a functional equivalent of ankylosis was found inadequate as it did not consider or discuss any lay statements made by the Veteran that may form a basis of functional ankylosis, and the retrospective opinion on range-of-motion testing was also deemed inadequate due to lack of specific facts from the evidence of record.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23000956
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.