The Board has remanded the case due to a lack of consideration of the Veteran's representative's request for a copy of the January 2022 examination, and because the right knee condition may have worsened since the last examination in January 2022. The Veteran should be provided an opportunity to report for a VA examination to assess the current severity of his service-connected right knee disability.
The deciding factor: The Board found that the April 2022 decision was remanded due to procedural issues and because there is evidence indicating the right knee condition may have worsened since the last examination in January 2022, necessitating further development.
- Claimed conditions
- right knee chondromalacia patella with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 21, 2023
- Citation
- 23040067
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 23040067.
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.
- Partly granted
The Board granted a 40 percent rating for right and left knee chondromalacia patella with degenerative arthritis for the period on appeal prior to October 7, 2024, but denied ratings in excess of 40 percent for these conditions. The Board also granted a 20 percent rating for instability in both knees.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 30 percent for right shoulder rotator cuff tendinosis and arthralgia, in excess of 10 percent for left knee chondromalacia patella with degenerative arthritis, in excess of 10 percent for right knee chondromalacia patella with degenerative arthritis, and in excess of 20 percent for chronic right ankle sprain to obtain additional medical opinions.
- Granted
The Board granted a disability rating of 40 percent for right knee chondromalacia patella with degenerative arthritis from December 12, 2019.
- Denied
The Veteran's right knee disability, characterized by chondromalacia patella and degenerative arthritis, is currently rated at 10 percent. The Board found that the pain causing functional impairment warrants a 10 percent rating but not higher.
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.