The Board has determined that there is not substantial compliance with previous remand directives and thus the case must be returned for further development.
The deciding factor: The VA examiner's opinion was deemed inadequate as it did not address historical range of motion measurements prior to December 28, 2007, nor provided a rationale for why prior VA examinations were inaccurate representations of the Veteran's disability level.
- Claimed conditions
- Arthritis and painful motion of the left knee, Limitation of flexion of the left knee, Extension of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2023
- Citation
- 23052297
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 23052297.
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 disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability.
- Partly granted
The Board granted a 30 percent rating for patellar instability of the left and right knees, as well as a 10 percent rating for limitation of flexion of the left knee from January 3, 2023. The claims for earlier effective dates were denied.
- Remanded (sent back)
The Veteran's right and left knee disabilities have been granted increased ratings, but the issues of service connection for hypertension and TDIU are being remanded.
- Granted
The Veteran's left knee disability is rated at 20 percent for lateral instability, and separate ratings of 10 percent each are granted for limitation of flexion and extension. These ratings are subject to the regulations governing the payment of monetary awards.
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