The Board remands the issue of entitlement to an initial rating higher than 30 percent for a left total knee arthroplasty due to a duty to assist error regarding outstanding private medical records.
The deciding factor: Remand is necessary to correct an error on the part of the AOJ in failing to obtain relevant private treatment records prior to issuing the decision on appeal.
- Claimed conditions
- left total knee arthroplasty
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033334
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.
- Remanded (sent back)
The Board denied increased ratings for left and right lower extremity radiculopathy, but remanded claims for higher ratings of the knee arthroplasties, hip bursitis, lumbar spine disability, and TDIU.
- Denied
The appeal for an initial compensable rating for left total knee arthroplasty prior to April 8, 2019, and in excess of 30 percent from June 1, 2020, was denied.
- Remanded (sent back)
The appeal for an increased rating in excess of 20 percent prior to February 11, 2016, in excess of 40 percent from April 1, 2017 to June 27, 2019, and in excess of 60 percent thereafter for left total knee arthroplasty is remanded.
- Partly granted
The veteran's claim for a higher disability rating for left total knee arthroplasty was denied for certain periods. The issue of a disability rating in excess of 20 percent for residuals, left knee injury from June 25, 2013 to August 10, 2018 was remanded.
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