The Board has determined that the reduction of disability ratings for right and left knee retropatellar pain syndrome was not proper, and has ordered remand to obtain additional evidence and a new examination.
The deciding factor: The reduction in disability ratings did not comply with VA's procedural requirements for rating reductions and there is insufficient evidence to support the reduction without further evaluation of the Veteran's current condition.
- Claimed conditions
- Right Knee Retropatellar Pain Syndrome, Left Knee Retropatellar Pain Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2023
- Citation
- 23047975
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 23047975.
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.
- Granted
The Veteran's combined disability rating reached 100% as of July 2009, meeting the criteria for a TDIU effective from that date. The Board also granted SMC based on his service-connected disabilities starting January 24, 2017.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for OSA, increased ratings for right knee instability and retropatellar pain syndrome due to conflicting medical evidence and need for additional examination.
- Granted
The Veteran's right knee retropatellar pain has been granted an increased rating of 20 percent, effective March 17, 2011. The reduction in the disability rating for right knee subluxation from 10% to zero percent was not proper and a restoration of the 10% rating is ordered. The initial compensable rating for right knee limitation of extension has been denied, as has an increased rating higher than 10% for right knee subluxation.
- Denied
The Veteran's claims for increased ratings for his right and left knee disabilities have been denied. The Board found that the evidence did not support a higher rating for the period prior to April 1, 2019 or thereafter.
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