The Board remands the issues of increased ratings for various knee and back conditions due to inadequate VA examinations.
The deciding factor: The August 2022 VA examination did not comply with previous remand directives, specifically regarding range of motion and pain on movement.
- Claimed conditions
- right knee degenerative arthritis, left knee degenerative arthritis, low back degenerative arthritis, left lower extremity sciatica, right lower extremity sciatica, right knee total knee replacement, left lower extremity femoral nerve, right lower extremity femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001687
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 a disability rating in excess of 10 percent for right knee meniscal tear with degenerative arthritis and granted a separate 20 percent rating for right knee instability.
- Partly granted
The Board denied increased ratings for left and right lower extremity sciatica but granted separate disability ratings for neuritis and neuralgia.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, left and right lower extremity radiculopathies, left and right hip pain, right knee degenerative arthritis, generalized anxiety disorder, and depressive disorder.
- Granted
The Board granted service connection for multiple psychiatric and physical disabilities, including PTSD, bilateral hearing loss, tinnitus, left foot disability, left lower extremity sciatica, low back disability, and left arm disability.
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