The Board has remanded the claims for increased ratings for service-connected sinusitis, right and left knee instability. The Veteran's sinusitis is rated as 30 percent prior to September 23, 2020, but not higher. His right and left knee instability are both denied as they do not meet the criteria for a rating in excess of 10 percent.
The deciding factor: The evidence does not show recurrent subluxation or instability that is persistent or severe enough to warrant a higher rating under Diagnostic Code 5257.
- Claimed conditions
- sinusitis, right knee instability associated with patellofemoral pain syndrome, left knee instability associated with patellofemoral pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2023
- Citation
- 23038101
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 23038101.
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.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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