The Veteran's right knee disability, characterized by limited extension and painful or limited motion, has been rated at 30 percent prior to October 12, 2022, and increased to 40 percent since that date. The appeal is remanded for further development.
The deciding factor: The recent VA examination showed the Veteran's right knee had extension limited to 20 degrees with pain during testing, meeting the criteria for a 40 percent rating under DC 5261.
- Claimed conditions
- Right knee chondromalacia with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 5, 2023
- Citation
- 23020858
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 23020858.
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.
- Denied
The Board denied the Veteran's claim for TDIU prior to April 22, 2017 due to a lack of evidence showing that his service-connected disabilities rendered him unable to secure and follow substantially gainful employment.
- Denied
The Board denied a rating in excess of 10 percent for the Veteran's right knee chondromalacia with degenerative joint disease, finding that the evidence did not support such an increase.
- Denied
The Board denied increased ratings for the Veteran's right and left knee disabilities, finding that they did not meet the criteria for a higher rating. The heart disability was also denied as it did not meet the criteria for a compensable rating.
- 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.
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