The Board has denied an increased rating for the Veteran's right knee disability and has remanded his claim for a total disability rating based on unemployability due to service-connected disabilities.
The deciding factor: The Veteran's current ratings do not meet the schedular criteria for a TDIU, as they combine for only a 20% disability rating. The Board has therefore remanded the case for extraschedular consideration.
- Claimed conditions
- Right Knee Sprain, Instability of Right Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2023
- Citation
- 23052205
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 23052205.
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 claim for increased ratings for right knee disability was denied. The Board found that the June 2013 rating decision did not contain CUE in failing to assign separate evaluations for instability and swelling.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling new VA examinations.
- Granted
The Veteran's right knee sprain and instability have been granted separate evaluations, with the sprain receiving a 10% evaluation effective June 19, 2014, and the instability receiving a 10% evaluation effective March 16, 2015. The earlier effective date for service connection of right knee instability is set at March 16, 2015.
- Remanded (sent back)
The Board has remanded the claims for increased evaluations of right and left knee sprain prior to September 14, 2015 due to an inadequate May 2013 VA examination report. The examiner did not provide a retrospective opinion on the functional limitation of the Veteran's knees during flare-ups.
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