The Veteran's right knee instability is rated at a separate 10 percent disability rating, effective from the date of the decision. A temporary total rating for a total right knee replacement was granted effective December 16, 2013. The Veteran also received a 30 percent disability rating following a period of temporary total rating due to convalescence for his right knee post-traumatic osteoarthritis prior to July 11, 2019.,The appeal is remanded as the issues regarding entitlement to increased ratings and service connection are not fully addressed.
The deciding factor: The Veteran's claims were partially granted with a separate initial 10 percent disability rating for right knee instability effective from the date of the decision. A temporary total rating for a total right knee replacement was granted effective December 16, 2013. The Veteran also received a 30 percent disability rating following a period of temporary total rating due to convalescence for his right knee post-traumatic osteoarthritis prior to July 11, 2019.
- Claimed conditions
- Right Knee Instability, Right Knee Post-Traumatic Osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2023
- Citation
- 23044477
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 23044477.
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.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
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.