The Board remands the claims for increased disability evaluations for right knee patellofemoral syndrome, left knee patellofemoral syndrome, and limitation of extension of the left knee due to inadequate statements regarding instability and insufficient evidence of functional loss during flare-ups.
The deciding factor: The Board erred in requiring objective medical evidence of instability without providing an adequate statement of reasons or bases justifying that requirement. The VA examinations are also found to be inadequate for rating purposes, as they do not adequately address the Veteran's reports of pain and functional loss during flare-ups.
- Claimed conditions
- right knee patellofemoral syndrome, left knee patellofemoral syndrome, limitation of extension of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004260
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 remands the issues of entitlement to a compensable evaluation for limitation of flexion and extension of the left knee, as well as an evaluation in excess of 10 percent for right knee postoperative synovitis and degenerative arthritis, due to insufficient evidence.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Dismissed
The Board dismissed the appeals for earlier effective dates related to various left and right hip, knee, shoulder, and other conditions as they were freestanding claims not continuously pursued from the initial rating decisions.
- Partly granted
The Board denied ratings in excess of 30 percent for bilateral foot disability, a rating in excess of 30 percent for left knee disability, and a rating in excess of 10 percent for lung disability. However, it granted an effective date of December 17, 2012, but no earlier, for the award service connection for limitation of extension of the left knee and left knee scar, and granted TDIU from January 17, 2013 to November 5, 2018.
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