The Veteran's left knee disability is rated at a 30 percent rating for instability since February 7, 2021. The Board has remanded the cases of increased ratings for degenerative joint disease from May 15, 2009 to August 20, 2021 and from August 20, 2021 to January 24, 2022.
The deciding factor: The Board found the VA examination reports did not substantially comply with its remand directives regarding retrospective opinions on left knee instability at specific time points.
- Claimed conditions
- Left Knee Instability, Degenerative Joint Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 8, 2023
- Citation
- 23044104
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 23044104.
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 Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Remanded (sent back)
The Veteran's TDIU and Dependents' Educational Assistance claims have been granted effective from November 23, 2019.,The Board has also remanded the Veteran's increased rating claims for his lumbar and cervical spine conditions.
- Partly granted
The Veteran's claims for service connection and increased ratings have been remanded due to insufficient evidence. The Board will consider all submitted evidence, including any new evidence provided by the Veteran.
- Remanded (sent back)
The Veteran's hypertension, left knee flexion limitation, and instability of the left knee are all rated at their maximum allowable under VA regulations. The right knee scar is not compensable. The Board has remanded for further examination to determine the severity of these conditions without considering the ameliorative effects of medication.
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