The Board remands the issues of entitlement to increased ratings for residuals of a right and left knee injury due to a lack of compliance with previous remand instructions.
The deciding factor: Remand is required as there was insufficient evidence provided by VA to fully assess the current severity of the Veteran's service-connected bilateral knee disabilities, in accordance with the Board's prior remand instructions.
- Claimed conditions
- Residuals of a right knee injury, Residuals of a left knee injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001217
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 denied a rating in excess of 10 percent for the Veteran's right knee injury and remanded the claim for service connection for gastroesophageal reflux disease (GERD).
- Granted
The Board granted service connection for residuals of a left knee injury, sinusitis, and irritable bowel syndrome (IBS), and granted higher ratings of 40 percent each for thoracolumbar spine disability, radiculopathy in the left lower extremity, and headaches.
- Remanded (sent back)
The Board remands the matters of entitlement to increased ratings for residuals of a right and left knee injury due to the need for additional development, including obtaining outstanding private treatment records.
- Partly granted
The Veteran's service-connected left knee disability was granted a 10 percent rating, but the claims for service connection for osteoarthritis of the right knee and a bilateral foot disability were denied.
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