The Veteran's claim for a rating in excess of 10 percent for right knee degenerative arthritis is denied. The Board found that the evidence did not support a higher rating based on limitation of motion.,The Veteran's claim for service connection for sleep apnea (OSA) is remanded due to a duty-to-assist error.
The deciding factor: The evidence does not show flexion or extension limitations sufficient to warrant a higher rating under the applicable diagnostic codes. The Veteran’s right knee disability was rated as 10 percent disabling based on limitation of motion.,There is no medical opinion regarding whether the Veteran's sleep apnea had its onset in service or is otherwise related to service.
- Claimed conditions
- Right Knee Degenerative Arthritis, Sleep Apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2024
- Citation
- A24055934
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 A24055934.
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.
- Granted
The Board has granted earlier effective dates for service connection of peripheral vestibular disorder with dizziness/vertigo, depressive disorder, left knee degenerative arthritis, and right knee degenerative arthritis all from July 4, 2023.
- Granted
The Board has restored the Veteran's disability ratings for right and left knee degenerative arthritis from 10 percent to 10 percent effective January 8, 2025.
- Remanded (sent back)
The Board has restored the prior ratings for right and left knee degenerative arthritis, but has remanded the issues of increased ratings due to an inadequate VA examination.
- Denied
The Board denied the Veteran's claims for service connection for right knee degenerative arthritis and degenerative arthritis of the lumbar spine, finding no clear and unmistakable error in the July 2019 rating decision.
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