The Board has denied a rating in excess of 10 percent for service-connected left knee instability and has remanded the issue of service connection for right shoulder disorder.
The deciding factor: The December 2022 VA examination opinion did not consider all relevant evidence, including the May 2019 opinion from Dr. J.D., and thus a new opinion is necessary to address whether the Veteran's current right shoulder disability had its onset during or is otherwise related to his active duty service.
- Claimed conditions
- Left knee instability, Right shoulder disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2023
- Citation
- 23020498
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 23020498.
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
The Board has granted effective dates of June 17, 2010 for service connection and separate ratings for right knee instability and left knee instability.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection are not properly before it due to procedural errors and remanded for further development, including obtaining VA treatment records and scheduling a VA examination.
- Remanded (sent back)
The Veteran's claims for service connection for acquired psychiatric disorder, left shoulder disorder, and right shoulder disorder are being remanded because they are inextricably intertwined with the implementation of his award for chronic osteomyelitis of the right lower extremity with a BKA.
- Granted
The Veteran's service-connected disabilities, including major depressive disorder and bilateral knee conditions, have precluded him from obtaining or maintaining substantially gainful employment. The Board has granted a TDIU rating for the period beginning April 5, 2020.
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.