The Board remands the claims for an initial increased rating for left knee residuals and instability/subluxation to ensure compliance with a previous court order.
The deciding factor: Remand is necessary due to potential inadequacies in prior VA examinations and to provide clear, objective definitions of DC 5257 criteria.
- Claimed conditions
- left knee residuals, status post lateral release, left knee instability and/or patellar subluxation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2024
- Citation
- 24002872
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.
- Remanded (sent back)
The Board remanded the veteran's claims for an increased rating of left knee conditions to obtain a new VA examination and medical opinion addressing the current severity of the Veteran's left knee disability.
- Remanded (sent back)
The Board has remanded the claim of a total disability rating for compensation purposes due to individual unemployability (TDIU) as it is inextricably intertwined with other pending claims, specifically increased ratings for left knee residuals. The TDIU issue will be reconsidered after all related claims have been fully developed.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.