The Board denied the veteran's claims for earlier effective dates and remanded several issues related to increased ratings for his knee and back conditions.
The deciding factor: The evidence did not show that the increases in disability were factually ascertainable prior to May 19, 2017, which is when the VA examinations showed the necessary severity of the disabilities.
- Claimed conditions
- right knee patellofemoral pain syndrome with limitation of extension, left knee patellofemoral pain syndrome with limitation of extension, chronic lumbar strain with spondylolysis, L5-S1 spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001848
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 withdrew the appeal for effective dates prior to September 27, 2024, for the awards of service connection for various knee and back conditions.
- Denied
The Board denied the veteran's claims for a higher rating and earlier effective dates for service-connected lumbosacral strain, left knee patellofemoral pain syndrome with limitation of extension, and right knee patellofemoral pain syndrome with limitation of extension.
- Remanded (sent back)
The Board remands the claims for additional development as required by a Court Memorandum Decision, due to inadequate reasons and bases provided in previous determinations.
- Partly granted
The Board denied higher ratings for the Veteran's service-connected left and right knee conditions, granted service connection for allergic rhinitis, but denied service connection for bilateral hearing loss.
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