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.
- Partly granted
The Board denied an increased rating for right knee strain and instability but granted a separate 10 percent rating for right knee limitation of extension from November 25, 2024.
- Granted
The Board granted a 30 percent rating for right knee patellofemoral pain syndrome, right knee instability, and separate 40 percent rating for right knee limitation of extension prior to July 27, 2019.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
- Denied
The Board denied service connection for bilateral hearing loss and denied increased ratings for sleep apnea, left ankle scar, painful left ankle scar, acquired psychiatric disability (major depressive disorder and generalized anxiety disorder), left foot metatarsalgia, and right knee limitation of flexion. The Board granted a 20 percent rating for left foot neuropathy and 20 percent rating for right knee limitation of extension.
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