The Board has remanded three issues related to the Veteran's bilateral knee disabilities due to insufficient evidence in the September 2022 VA Compensation and Pension (C&P) examination report. The examiner did not provide estimates of functional loss, failed to consider flare-ups or analogous episodes, and did not address whether there are times when the Veteran’s functional loss is consistent with ankylosis.
The deciding factor: The Board found that the September 2022 C&P report does not meet the requirements laid out in DeLuca v. Brown (1995) and Mitchell v. Shinseki (2011), which require consideration of functional loss due to flare-ups or analogous episodes, and an assessment of whether there are times when the Veteran's functional loss is consistent with that contemplated by ankylosis.
- Claimed conditions
- chondromalacia of the left knee, degenerative joint disease (DJD), left patella tendon tear with surgical repair, limitation of flexion of the right knee, other impairment of the left knee with recurrent instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2023
- Citation
- 23015306
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 23015306.
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 appeal for increased evaluations on multiple knee conditions and bilateral hearing loss has been dismissed due to the Veteran's death.
- Denied
The Board denied the Veteran's claim for service connection for chondromalacia of the left knee, finding that there was no evidence of a chronic condition in service or within the presumptive period after service. The Board also noted that her medical discharge from service was due to pes planus and not any left knee condition.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
- Remanded (sent back)
The Board has remanded the Veteran's claims for initial ratings of her left shoulder strain and cervical spine disability due to new evidence or further clarification from the AOJ.
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