The Veteran's right knee disability is rated at a 10 percent rating for limitation of flexion, and separate ratings of 10 percent each are assigned for limitation of extension and instability. A 20 percent rating is granted for episodes of locking, pain, and swelling.,Service connection for obstructive sleep apnea is remanded.
The deciding factor: The Veteran's right knee disability was productive of painful flexion limited to 40 degrees during the period on appeal. At no time was flexion limited to 30 degrees or less, even considering pain on use and during flareups.,VA medical opinion is needed regarding service connection for obstructive sleep apnea.
- Claimed conditions
- Right Knee Strain (Limitation of Flexion), Right Knee Limitation of Extension, Right Knee Instability, Episodes of Locking, Pain, and Swelling of the Right Knee, Right Ankle Disability (marked limitation of motion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 21, 2023
- Citation
- 23046265
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 23046265.
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.
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