The Board remands the claims for higher ratings and TDIU to correct a duty to assist error related to obtaining SSA records.
The deciding factor: Remand is necessary due to a duty to assist error in obtaining relevant SSA records prior to issuing the decisions on appeal.
- Claimed conditions
- Left knee limitation of flexion, Left knee instability, Right knee limitation of flexion, Right knee instability, Posttraumatic stress disorder (PTSD) with mild somatic symptom disorder and alcohol and cocaine use disorders, Irritable bowel syndrome (IBS) with gastroesophageal reflux disease (GERD), Total disability rating based on individual unemployability due to service-connected disabilities (TDIU)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- A24071036
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.
- Partly granted
The Board granted a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Partly granted
The Board granted a 30 percent rating for right knee instability and a 20 percent rating for painful and/or limited motion of the right knee, but denied a higher rating for degenerative arthritis of the right knee.
- Partly granted
The Board denied ratings in excess of 10 percent for left and right knee patellofemoral pain syndrome but granted a separate 10 percent rating for left knee instability. The claim for service connection for a back disorder was remanded.
- Denied
The Board denied ratings in excess of 10 percent for the veteran's left hamstring and right knee conditions, as well as a TDIU claim.
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