The Veteran's claims for increased ratings for right and left knee arthritis are being remanded due to inconsistencies in the November 2019 VA examination report. The Board is instructed to reconcile these contradictions before proceeding with a determination of the appropriate rating.
The deciding factor: Inconsistencies were found in the November 2019 VA examination report regarding whether the Veteran experienced pain on passive range of motion and non-weight bearing testing for both knees, which need to be reconciled before determining the appropriate ratings.
- Claimed conditions
- Right Knee Arthritis, Left Knee Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2023
- Citation
- 23059087
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 23059087.
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 a higher rating prior to August 12, 2013 was denied as his right knee disability did not meet the criteria for a higher rating under Diagnostic Code 5003.,The Veteran's claim for a higher rating from April 1, 2016 was denied as he is already receiving the maximum allowable disability rating of 60 percent for total right knee replacement.
- Granted
The Veteran's left total knee replacement with left knee arthritis and scar, status post left knee arthroscopy, are granted a disability rating of 60 percent effective February 28, 2025.
- Denied
The Board has determined that the Veteran's left knee disability did not begin during service or is otherwise related to an in-service injury or disease, and it is not etiologically related to a service-connected condition. Therefore, the claim for service connection for a left knee disability is denied.
- Denied
The Veteran's claim for increased ratings and service connection were denied. The rating for PTSD was not granted, and the claims for left foot neuropathy, right foot neuropathy, left knee arthroplasty and rheumatoid arthritis, and right knee arthritis were also denied.
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