The Board remands the claims for increased ratings and earlier effective dates due to a lack of substantial compliance with previous remand directives.
The deciding factor: There was not substantial compliance with the Board's October 2020 remand directives, and there were pre-decisional duty to assist errors.
- Claimed conditions
- right knee lateral collateral ligament strain, right knee disorder (limitation of extension), scar, right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2024
- Citation
- A24063144
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.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Granted
The Board granted service connection for the cause of the Veteran's death, considering that his service-connected orthopedic disabilities and major depressive disorder contributed substantially to his death.
- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Denied
The Board denied service connection for a right leg disability, kidney cancer, including residuals, and bilateral knee disabilities as the evidence did not support that these conditions began during active service or are related to an in-service injury or disease.
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