The Board has remanded the cases due to insufficient evidence regarding the Veteran's bilateral knee disability over the entire appeal period.
The deciding factor: The VA examiner was unable to provide a retrospective opinion without resorting to speculation, necessitating further development of the record.
- Claimed conditions
- right knee degenerative patellofemoral chondromalacia superimposed on degenerative arthritis, left knee degenerative patellofemoral chondromalacia superimposed on degenerative arthritis, removal of semilunar cartilage of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2024
- Citation
- 24013344
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 24013344.
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 his appeals for increased disability evaluations and TDIU related to various knee conditions, radiculopathy, and hypertension. The claims are dismissed as a result.
- Denied
The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and there is no evidence of an exceptional or unusual disability picture that would preclude securing substantially gainful employment. The Board finds that referral to the Director of Compensation and Pension Service for extraschedular consideration is not warranted.
- Remanded (sent back)
The veteran's appeal is being remanded to the RO for further development and consideration of his claims, including a determination on whether there was clear and unmistakable error in a prior rating decision reducing his disability rating.
- 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.
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