The Veteran's knee disabilities have been remanded for further development, including obtaining additional medical records and providing a retrospective medical opinion regarding the severity of his knee conditions from February 2011 forward.
The deciding factor: The Court directed that VA seek physical therapy records and provide a retrospective medical opinion to address the frequency, duration, characteristics, severity, and/or functional loss of the Veteran's ranges of motion and flare-ups for the period from February 2011, forward. The examiner was also directed to assess the Veteran's right knee and left knee meniscal disabilities during this time.
- Claimed conditions
- Left Knee Meniscal Residuals, Left Knee Degenerative Joint Disease, Status Post Arthroscopic Partial Lateral Meniscotomy and Chondroplasty, Right Knee Torn Meniscus with Degenerative Joint Disease, Right Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2023
- Citation
- 23064773
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 23064773.
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.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
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