The Board remands the issues of entitlement to a compensable evaluation for right knee limitation of extension, a rating in excess of 10 percent for right knee osteoarthritis, and TDIU due to an inadequate VA examination.
The deciding factor: The September 2021 VA examination does not provide the required information regarding the onset of pain in the Veteran's ranges of motion, necessitating a new examination to accurately assess the functional impairment caused by the Veteran's disabilities.
- Claimed conditions
- right knee meniscal tear with osteochondral defect and osteoarthritis (limitation of extension), right knee osteoarthritis, total disability rating based on individual unemployability (TDIU)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066880
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 service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral tinnitus, right knee osteoarthritis, and left knee osteoarthritis due to inadequate medical evidence.
- Granted
The Board granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
- Remanded (sent back)
The appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
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