The Board has remanded the Veteran's claims for a rating for revision status-post left total knee replacement and a compensable rating for left knee instability, both prior to specific dates. The remand is due to insufficient medical evidence regarding functional loss during flare-ups.
The deciding factor: The VA examiner needs to provide retrospective opinions on the degree of disability for the Veteran's left knee disability considering the use of data from the March 2022 examination to estimate range of motion in 2017, and to describe any flare-ups based on all procurable medical evidence.
- Claimed conditions
- left total knee replacement, left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2023
- Citation
- 23061491
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 23061491.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
- Denied
The Board denied increased disability ratings for left knee limitation of flexion and left knee instability, finding that the Veteran's symptoms did not meet or approximate the criteria for a higher rating under the applicable diagnostic codes.
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