The Board has remanded the Veteran's claims for increased ratings for left knee strain status post arthroscopic surgery (limitation of flexion) and limitation of extension due to persistent painful symptomatology that inhibits his ability to stand or sit for even short periods of time. The case is being referred to VA's Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran's left knee disabilities do not meet the schedular requirements for a higher rating under the relevant diagnostic codes due to noncompensable range of motion, but his persistent painful symptomatology presents an exceptional disability picture that warrants extraschedular consideration.
- Claimed conditions
- left knee strain status post arthroscopic surgery (limitation of flexion), left knee strain status post arthroscopic surgery (limitation of extension)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- 23062704
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 23062704.
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 rating of 10 percent for left knee strain, limitation of flexion, based on painful motion, but denied a higher rating in excess of 10 percent for the same condition. The Board also denied a rating in excess of 10 percent for left knee strain, limitation of extension.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left knee disabilities due to lack of substantial compliance with previous remand directives and further development is required.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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