The Board remands the claims for an initial compensable rating and higher rating for left knee chondromalacia patella due to an inadequate VA examination that did not account for flare-ups.
The deciding factor: The March 2022 VA examination was found inadequate as it did not address the Veteran's reported flare-ups and their impact on his disability, which is required under Sharp v. Shulkin, 29 Vet. App. 26 (2017).
- Claimed conditions
- left knee chondromalacia patella, limitation of flexion, left knee chondromalacia patella, limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072370
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 denied earlier effective dates for service connection and granted increased ratings for lumbosacral strain and right ankle disability.
- Partly granted
The Board granted a 10 percent rating for right knee limitation of extension and left knee limitation of extension, but denied ratings in excess of 10 percent for right and left knee chondromalacia patella.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings for various knee and hip conditions, as well as granted a rating of 10 percent from June 16, 2022, for right knee instability.
- Remanded (sent back)
The Board remands the issues of entitlement to increased knee ratings and TDIU for further development, as the previous Board decision did not provide an adequate statement of reasons or bases and failed to ensure VA's duty to assist had been satisfied.
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