The appeal for a disability rating in excess of 20 percent for osteoarthritis, status post left cruciate ligament repair with decreased mobility, left knee, is remanded due to missing VA treatment records from 1983 to 2004.
The deciding factor: Missing VA treatment records from 1983 to 2004 require an attempt to obtain any available records for a proper understanding of the Veteran's left knee situation over the years between 1983 and 2014, including for convalescence ratings.
- Claimed conditions
- osteoarthritis, status post left cruciate ligament repair with decreased mobility, left knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065113
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 service connection for multiple conditions, including rheumatoid arthritis, right hip degenerative joint disease and rheumatoid arthritis with acetabular cyst status post right total hip replacement, osteoarthritis, psoriatic arthritis, hypertension, prostate cancer, diabetes mellitus type II, fever sores, and a compromised immune system, as the evidence did not support a finding of service connection for any of these conditions.
- Granted
The Veteran's service-connected left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Remanded (sent back)
The appeal for special monthly pension (SMP) based on the need for regular aid and attendance or housebound status is remanded to ensure that the appellant receives every possible consideration, including a new VA examination.
- Denied
The Board denied service connection for a left ankle disability, low back disability, right knee disability, and left knee disability as the evidence did not support that these conditions were incurred in or aggravated by active service.
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