The Veteran's left knee instability was not factually ascertainable prior to June 5, 2018. The effective date for the separate rating will be remanded.
The deciding factor: There is no evidence of left knee instability prior to June 5, 2018.
- Claimed conditions
- Left Knee Instability, Osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 22, 2023
- Citation
- 23062276
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 23062276.
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.
- Partly granted
The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Partly granted
The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected hypertension and an earlier effective date of May 14, 2018, for radiculopathy right lower extremity. Other claims were denied.
- Denied
The Veteran's claim for specially adapted housing was denied as he does not meet the criteria due to his ability to independently ambulate with the use of braces.
- Partly granted
The Board granted a 20 percent rating for left knee dislocated semilunar cartilage from February 1, 2023, and also granted a total disability rating based on individual unemployability (TDIU).
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