The Board remands the claims for a disability rating in excess of 10 percent for service-connected chondromalacia of both knees and entitlement to TDIU due to deficiencies in the prior VA examinations.
The deciding factor: Remand is necessary to ensure accurate determination of the Veteran's range of motion during flare-ups, which is crucial for assessing his disability ratings.
- Claimed conditions
- Chondromalacia of the right knee, Chondromalacia of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2023
- Citation
- 23001808
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 a separate 20 percent rating for left knee chondromalacia under Diagnostic Code 5258, effective January 4, 2001.
- Denied
The Board denied increased ratings in excess of 10 percent for the Veteran's chondromalacia of the right knee and chondromalacia of the left knee.
- Granted
The Veteran was granted a total disability rating based on individual unemployability from April 4, 2009, to July 9, 2015.
- Partly granted
The Board denied the veteran's claims for increased ratings for his right and left knee disabilities, except that it granted a 10 percent rating for instability of the right knee prior to September 28, 2018, and a 20 percent rating from that date. The Board also granted a 10 percent rating for instability of the left knee.
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