The Board denied an earlier effective date prior to August 14, 2023 for the assignment of a 20 percent disability rating for a right knee disability and remanded increased rating claims for left knee, lumbar spine, and cervical spine disabilities due to inadequate VA examinations.
The deciding factor: The Board found that it was not factually ascertainable that an increase in severity occurred within one year prior to the claim date, and the evidence did not support a 20 percent disability rating under DC 5260 or 5261 before August 14, 2023.
- Claimed conditions
- Right Knee Tendonitis with Patellofemoral Pain Syndrome, Left Knee Disability (Tendonitis with Patellofemoral Pain Syndrome), Lumbar Spine Disability (Degenerative Disc Disease with Laminectomy, IVDS, and Spinal Fusion), Cervical Spine Disability (Degenerative Arthritis with Intervertebral Disc Syndrome and Spondylosis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033280
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 earlier effective dates and increased ratings, finding that the earliest possible effective date was September 9, 2022.
- Partly granted
The Board granted earlier effective dates for service connection and a higher disability rating for the Veteran's psychiatric condition.
- Remanded (sent back)
The Board remands the claim for a back condition, including degenerative arthritis, degenerative disc disease other than IVDS, lumbosacral strain, and IVDS, secondary to service-connected right ankle disability, due to an inadequate VA medical nexus opinion.
- Denied
The Board denied service connection for PTSD and other psychiatric disorders, as well as a total disability rating based on individual unemployability.
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