The Board remands the matters for further development, specifically to obtain retrospective opinions with estimated passive range of motion and during weight-bearing and non-weight-bearing for both knees based on the April 2011, March 2016, and May 2019 examination reports.
The deciding factor: The Board finds that there has not been substantial compliance with the February 2024 Board remand due to missing estimates for the left knee during weight-bearing and non-weight-bearing and no estimates for the right knee during passive range of motion and during weight-bearing and non-weight-bearing.
- Claimed conditions
- right knee degenerative joint disease, left knee degenerative joint disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2025
- Citation
- 25004775
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 the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
- Remanded (sent back)
The Board remands the claims for increased ratings for right knee subluxation and degenerative joint disease due to an inadequate addendum opinion.
- Denied
The Board denied the veteran's claims for higher initial ratings for his service-connected bilateral knee disabilities and SMC based on loss of use of the bilateral lower extremities.
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