The Board has remanded the cases of right knee disability and TDIU due to lack of substantial compliance with previous remand directives, including incomplete responses regarding nerve or muscle group involvement, inconsistent responses about instability, and failure to address a December 2018 VA primary care note. Another remand is required for an appropriate VA examination.
The deciding factor: The Board found that the previous remand directives were not substantially complied with, necessitating another remand for an appropriate VA examination.
- Claimed conditions
- right knee disability (degenerative arthritis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2023
- Citation
- 23006317
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 23006317.
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 service connection for tinnitus, posttraumatic stress disorder with major depressive disorder and alcohol/stimulant use disorder, left shoulder degenerative arthritis, right shoulder degenerative arthritis, right knee disability (degenerative arthritis), and right knee surgical scars. The issues of a low back disability, right lower extremity lumbar radiculopathy, left knee disability, shin splints, right foot disability, and right ankle disability were remanded for further development.
- Granted
The Veteran's tinnitus was granted service connection. The left and right knee disabilities were denied as not incurred during or caused by his period of active service.
- Granted
The Board has granted service connection for cervical spine disability, lower back disability, and right knee disability (degenerative arthritis) as these conditions are found to be at least as likely as not incurred in or caused by the Veteran's active-duty service.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.