The Board has decided to remand the cases of a rating in excess of 10 percent for left knee flexion and total disability based on individual unemployability (TDIU) due to insufficient medical evidence from prior examinations. The Veteran's claims are being returned for further review.
The deciding factor: The Board found that there is not enough information from the previous VA examinations to determine the severity of the Veteran's left knee disability at the time of those exams, and thus a retrospective medical opinion is needed.
- Claimed conditions
- Left Knee Flexion, Left Knee Subluxation and Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2023
- Citation
- 23015703
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 23015703.
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.
- Granted
PTSD is granted with a 100% rating effective April 17, 2020.,Right knee flexion and left knee flexion are each granted a 20% rating effective December 28, 2020.,Right lower extremity radiculopathy and left lower extremity radiculopathy are each granted a 20% rating effective December 28, 2020.
- Remanded (sent back)
The Veteran's appeals for higher initial ratings on his left shoulder and knee disabilities have been dismissed. The Board has also remanded the issues of higher initial ratings for limitation of flexion, extension, and instability of the left knee.
- Granted
The Veteran's right and left knee disabilities were granted increased ratings from October 11, 2012 to April 28, 2022. The Veteran received a separate rating for limitation of flexion in both knees.
- Remanded (sent back)
The Board has determined that the reduction in disability ratings for bilateral knee disabilities and right lower extremity radiculopathy was not proper, and these ratings are being restored. The Veteran's entitlement to a rating in excess of 10 percent for right lower extremity radiculopathy is also remanded.
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