The Board remands the claims for an earlier effective date for increased ratings of degenerative arthritis of the lumbar spine and right knee disabilities due to duty-to-assist errors in prior examinations.
The deciding factor: Remand is necessary to obtain retrospective medical opinions regarding the severity of the Veteran's disabilities during the period prior to April 27, 2020, including flare-ups and functional loss, as well as to address the ameliorative effects of medications used to treat such disabilities.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Right knee patellofemoral pain syndrome with shin splints (limited flexion), Right knee patellofemoral pain syndrome with shin splints (limited extension), Right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2025
- Citation
- A25026342
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.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- 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.
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