The Board has remanded the Veteran's claims for higher ratings for his bilateral knee disabilities due to inadequate reasons and bases in prior decisions, including failure to consider instability and provide proper range of motion testing. The case is being returned for further development.
The deciding factor: The decision was not supported by adequate reasons and bases as it failed to address the Veteran's statements regarding instability and did not include proper range of motion testing during flare-ups or in different positions.
- Claimed conditions
- right knee osteoarthritis (flexion), right knee limitation of extension, right knee medial meniscus tear associated with residuals of torn ligament with internal derangement and arthritis, left knee (right knee medial meniscus tear), instability, left knee associated with residuals of torn ligament with internal derangement and arthritis, left knee (left knee instability), residuals of torn ligament with internal derangement and arthritis, left knee (left knee residuals of torn ligament), arthritis with painful motion of the left knee (left knee arthritis/flexion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2023
- Citation
- 23062412
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 23062412.
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 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 Board has granted service connection for tinnitus, right knee meniscal tear with osteoarthritis and patellofemoral pain syndrome, and right knee limitation of extension. The effective dates are April 15, 2015, January 30, 2015, and January 20, 2015 respectively.
- Remanded (sent back)
The Board has remanded the claims for increased ratings for right and left knee disabilities due to pre-decisional errors in obtaining retrospective opinions considering functional loss without the ameliorative effects of medication.
- Denied
The Board denied the Veteran's claims for effective dates prior to January 5, 2024, for service connection and evaluations of various conditions.
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