The Board remands the issues of service connection for a ruptured ACL and torn meniscus of the right knee, as well as a temporary total evaluation for convalescence for right knee surgery, due to an inadequate secondary service connection opinion.
The deciding factor: A new opinion is necessary to address both causation and aggravation of the nonservice-connected condition, as required by 38 C.F.R. § 3.310(b).
- Claimed conditions
- ruptured anterior cruciate ligament (ACL) of the right knee, torn meniscus of the right knee
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001514
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.
- Remanded (sent back)
The Board remands the claims for a compensable rating for limitation of extension of the right knee, an increased rating for a torn meniscus of the right knee, and TDIU due to insufficient medical evidence regarding the severity of the Veteran's disabilities.
- Partly granted
The Board granted a 10 percent rating for slight right knee instability but denied ratings in excess of 20 percent and 10 percent for the torn meniscus and degenerative joint disease, respectively.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
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