The Veteran's claims for service connection for residuals of TBI with mood swings, irritability, and memory problems; right foot disability (now claimed as fallen arches and/or flatfoot); and left foot disability (now claimed as fallen arches and/or flatfoot) are remanded.,The Veteran's claims for an initial compensable disability rating for degenerative joint disease of the right knee with limited flexion from November 17, 2016; a disability rating in excess of 40 percent for degenerative joint disease of the left knee (previously rated as patellofemoral pain syndrome of the left knee); and an initial compensable disability rating for degenerative joint disease of the left knee with painful flexion are remanded.,The Veteran's claims for a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) based on aid and attendance/homebound are remanded.,The Veteran's claims for an effective date prior to November 17, 2016 for the grant of an increased disability rating for degenerative joint disease of the right knee with limited extension; and an effective date prior to November 17, 2016 for the grant of an increased disability rating for degenerative joint disease of the left knee with limited extension are remanded.
The deciding factor: The Veteran's service treatment records do not reflect any head injuries or incidents that would support a diagnosis of TBI. The VA examinations did not provide adequate rationale and relied on the absence of medical records without considering the Veteran's reports.,There is no pathology to warrant a diagnosis for bilateral foot disabilities, as indicated by the January 2023 VA examination. The examiner did not consider the Veteran's in-service symptoms and post-service symptoms when evaluating service connection.,The Veteran's service treatment records do not reflect any head injuries or incidents that would support a diagnosis of TBI. The VA examinations did not provide adequate rationale and relied on the absence of medical records without considering the Veteran's reports.,There is no pathology to warrant a diagnosis for bilateral knee disabilities, as indicated by the January 2023 VA examination. The examiner did not consider the Veteran's in-service symptoms and post-service symptoms when evaluating service connection.,The Veteran's service treatment records do not reflect any head injuries or incidents that would support a diagnosis of TBI. The VA examinations did not provide adequate rationale and relied on the absence of medical records without considering the Veteran's reports.,There is no pathology to warrant a diagnosis for bilateral knee disabilities, as indicated by the January 2023 VA examination. The examiner did not consider the Veteran's in-service symptoms and post-service symptoms when evaluating service connection.,The Veteran has multiple service-connected disabilities that may impact his ability to work, which could affect TDIU determination.,The Veteran requires assistance with daily living activities due to his service-connected disabilities, warranting SMC based on aid and attendance/homebound.,There is no pathology to warrant a diagnosis for bilateral knee disabilities, as indicated by the January 2023 VA examination. The examiner did not consider the Veteran's in-service symptoms and post-service symptoms when evaluating service connection.,There is no pathology to warrant a diagnosis for bilateral knee disabilities, as indicated by the January 2023 VA examination. The examiner did not consider the Veteran's in-service symptoms and post-service symptoms when evaluating service connection.
- Claimed conditions
- Degenerative Joint Disease of the Right Knee, Degenerative Joint Disease of the Left Knee, Residuals of Traumatic Brain Injury (TBI), Fallen Arches and/or Flatfoot of the Right Foot, Fallen Arches and/or Flatfoot of the Left Foot
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 17, 2023
- Citation
- 23039418
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 23039418.
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.
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- Granted
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- Denied
The Veteran's PTSD with major depressive disorder and TBI residuals are currently rated at 70 percent, effective February 14, 2019. The appeal for a higher rating is denied.
- Remanded (sent back)
The Board has denied the Veteran's claim for a rating in excess of 70 percent for PTSD with cannabis use disorder, depressive disorder due to another medical condition and residuals of traumatic brain injury. The case is being remanded because an inadequate examination was conducted by the VA TBI examiner.
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