The Veteran's appeal of the initial ratings for his service-connected knee and hip disabilities is being remanded due to the need for additional development, including obtaining SSA records, addressing Francway request, and providing retrospective opinions regarding functional impairment.
The deciding factor: The Board finds that further development is necessary to ensure compliance with VA's duty to assist in order to make an informed decision on the Veteran's appeal of the initial ratings assigned for his service-connected knee and hip disabilities.
- Claimed conditions
- right knee osteophytic spurring of the patella and old Pellegrini-Stieda disease, left hip osteoarthritis with limitation of extension, left hip osteoarthritis with limitation of flexion, left hip osteoarthritis with impairment of the thigh, right hip osteoarthritis with limitation of extension, right hip osteoarthritis with limitation of flexion, right hip osteoarthritis with impairment of the thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2023
- Citation
- 23038081
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 23038081.
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 Board dismissed the appeal because the appellant requested to withdraw it.
- Granted
The Board granted an effective date of May 28, 2021 for the award of service connection for multiple conditions including cervical spine stenosis, right and left knee strains, and right and left hip osteoarthritis.
- Partly granted
The Veteran was granted a 40 percent rating for right lower extremity radiculopathy involving the sciatic nerve, but other claims were denied.
- Denied
The Board denied the veteran's claims for earlier effective dates for service connection and increased ratings, as no new and material evidence was received prior to April 27, 2022.
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