The appeal is remanded for an adequate VA examination to determine the current severity of the Veteran's service-connected left knee disabilities.
The deciding factor: The Court found that a remand is necessary due to inadequate VA examinations that failed to provide range of motion measurements in weight-bearing or non-weight-bearing and explain why the Veteran could not undergo such testing.
- Claimed conditions
- Left knee joint instability, Left knee limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2024
- Citation
- 24033064
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 increased ratings for left and right knee instability and limitation of flexion due to an inadequate VA examination.
- Partly granted
The Board denied ratings in excess of the assigned percentages for the veteran's left knee and back disabilities, but granted a 20 percent rating for left knee limitation of flexion from August 4, 2014 to September 24, 2024, and a 30 percent rating for a back disability from August 16, 2019.
- Granted
The Board granted increased ratings for the Veteran's left knee conditions, including a 30 percent rating for limitation of flexion, a separate 40 percent rating for limitation of extension from June 21, 2010, and a 30 percent rating for instability.
- Partly granted
The Board granted a 20 percent disability rating for left knee instability from June 14, 2017, to July 28, 2021, and restored the 40 percent rating for left lower extremity deep vein thrombosis effective June 1, 2021. The Board denied a higher rating for left knee instability after July 28, 2021, and a compensable rating for left knee limitation of flexion.
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