The Board has granted separate 10 percent ratings for instability and limitation of extension in each knee, but the RO failed to substantially comply with remand directives regarding flare-ups. The Veteran's claim is REMANDED for a VA examination to address additional functional loss during flare-ups.
The deciding factor: The RO did not provide an adequate assessment of the Veteran's flare-ups as required by the Board's previous remand directive, which could affect the determination of his disability ratings.
- Claimed conditions
- Knee Disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 29, 2024
- Citation
- 24009949
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 24009949.
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 Veteran's combined disability rating prior to July 5, 2011 did not meet the schedular threshold for a TDIU. The case is remanded for referral to the Director of Compensation Service for extra-schedular consideration.
- Denied
The Veteran's service-connected disabilities do not render him incapable of performing the physical and mental acts required by employment, thus the criteria for a TDIU are not met.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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