The Board has remanded the case due to a lack of consideration of favorable medical evidence regarding the Veteran's pain with prolonged sitting, and for an examination to assess his ability to secure or follow a substantially gainful occupation.
The deciding factor: The Court found that the AOJ failed to address favorable medical evidence showing the Veteran experienced pain with prolonged sitting.
- Claimed conditions
- Right Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001170
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23001170.
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 service connection claims for various knee and back disabilities, as well as radiculopathy in the right lower extremity (RLE) and left lower extremity (LLE), have been granted. Service connection is also granted for a right hip disability secondary to his back disability.
- Granted
The Veteran's service-connected right and left knee disabilities have been granted, with a rating of 30% for each knee. The Veteran is also entitled to special monthly compensation based on the need for regular aid and attendance.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased disability ratings for his bilateral knee disabilities due to insufficient detail in the VA examination report. The Veteran needs a new VA examination to address whether he has subluxation, instability, or semilunar cartilage condition of either knee and what causes his reports of giving way.
- Granted
The Veteran's right knee extension was rated at 50 percent effective May 12, 2023. The left knee extension was rated at 40 percent effective May 12, 2023.,Effective September 13, 2018 to May 12, 2023, the Veteran's bilateral knee flexion was most severely limited to 25 degrees. Effective May 12, 2023, the Veteran's bilateral knee flexion is rated at 10 percent.
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