The Board has determined that the Veteran's knee disabilities do not meet the criteria for a TDIU prior to December 27, 2011. The appeals for increased ratings are remanded as further development is required.
The deciding factor: The Veteran was found to be unemployable due to his service-connected conditions during the period under consideration and thus did not meet the criteria for a TDIU prior to December 27, 2011.
- Claimed conditions
- left knee chondromalacia with degenerative joint disease, right knee chondromalacia with degenerative joint disease, left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2023
- Citation
- 23008421
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 23008421.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
- Denied
The Board denied increased disability ratings for left knee limitation of flexion and left knee instability, finding that the Veteran's symptoms did not meet or approximate the criteria for a higher rating under the applicable diagnostic codes.
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