The Board remands the claims for increased ratings and TDIU due to non-compliance with previous remand instructions.
The deciding factor: Non-compliance with the December 2023 remand directives by the RO necessitates a new opinion addressing functional loss during flare-ups, as well as an extraschedular referral for TDIU prior to December 28, 2011.
- Claimed conditions
- left knee strain with osteoarthritis, right knee synovitis with chondromalacia of patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- 24032578
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.
- Partly granted
The Board granted service connection for bilateral hearing loss and an effective date of October 24, 2022, for obstructive sleep apnea. Other claims were denied or remanded.
- Granted
The Board granted service connection for tinnitus, bilateral hearing loss, lumbosacral strain, left knee strain with osteoarthritis, and right knee condition.
- Remanded (sent back)
The Board remands the claims for a new examination to address inconsistencies in the October 2023 VA examination report.
- Granted
The Board granted a September 1, 2020, effective date for the award of service connection for left knee strain with osteoarthritis.
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