The Veteran's right and left knee disabilities have been granted increased ratings, but the claims for increased initial ratings are being remanded due to a duty to assist error.
The deciding factor: There is an ongoing duty to obtain relevant treatment records and schedule the Veteran for a requested hearing.
- Claimed conditions
- Right Knee Degenerative Arthritis, Left Knee Degenerative Arthritis, Bilateral Medial Tibial Shin Splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2024
- Citation
- A24058538
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 A24058538.
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.
- Granted
The Veteran's residuals of right knee total replacement have been granted a maximum schedular rating of 60 percent effective June 1, 2020. The Veteran's left knee degenerative arthritis has also been granted an increased rating to 60 percent effective June 1, 2020.
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