The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities due to insufficient evidence from previous VA examinations.
The deciding factor: The Court found that the May 2022 Board decision relied on inadequate VA examination findings, particularly regarding range of motion measurements in weight-bearing and non-weight-bearing positions, and did not discuss whether the provisions of 38 C.F.R. �� 4.40, 4.45 were applicable.
- Claimed conditions
- Right Knee Limitation of Extension, Right Knee Limitation of Flexion, Left Knee Limitation of Flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2023
- Citation
- 23046429
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 23046429.
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.
- Remanded (sent back)
The Board has remanded the claims for an initial rating in excess of 10 percent for left knee limitation of flexion and for an initial compensable rating for left knee limitation of extension due to stable symptomatology throughout the appeal period.
- Denied
The Veteran's disability ratings for right knee hemarthrosis, limitation of flexion, and diastolic dysfunction were denied. The reduction in the rating for right knee hemarthrosis was also denied.
- Granted
The Board has granted separate ratings of 10 percent for right knee instability and limitation of extension, finding that the Veteran's symptoms do not require a prescription from a medical provider for a brace or cane.
- Remanded (sent back)
The Board has decided to remand the claims for increased ratings for various knee disabilities and entitlement to special monthly compensation (SMC) due to the need for regular aid and attendance. The Veteran needs additional VA examinations to determine the severity of her service-connected knee disabilities, including whether she requires assistance with daily activities.
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.