The Board is remanding the claims for increased ratings of service-connected disabilities of both knees due to deficiencies in previous examinations and the need for updated medical records.
The deciding factor: The examination reports did not comply with the required instructions, particularly regarding range of motion testing during active and passive motion and in weight-bearing and non-weight bearing conditions. Additionally, there is a need for complete copies of all potentially relevant post-service medical records within the constructive possession of VA.
- Claimed conditions
- limited extension of the left knee, limited flexion of the left knee, meniscal tear of the left knee, instability of the left knee, limited motion of the right knee, status post right knee arthroplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2024
- Citation
- 24033183
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.
- Denied
The Board denied the veteran's claims for increased ratings for his left and right knee conditions, as well as a compensable rating for scars of the right knee.
- Partly granted
The Board granted a 20 percent rating for limitation of flexion and a 10 percent rating for instability, but denied an increased rating for limitation of extension.
- Denied
The Board denied higher ratings for the Veteran's left knee disability, including for limitation of flexion and instability.
- Partly granted
The Board granted increased 20 percent ratings for limitation of motion of the left and right knees prior to their respective total knee replacements, but denied ratings in excess of 10 percent for instability of both knees and in excess of 30 percent for total knee replacements.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.