The Board remands the claims for increased ratings and TDIU due to duty-to-assist errors that occurred prior to the October 2023 and February 2024 rating decisions.
The deciding factor: Duty-to-assist errors, including failure to obtain relevant treatment records and schedule timely examinations, necessitate remand for corrective action.
- Claimed conditions
- right knee meniscal tear, patellofemoral pain syndrome, degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2025
- Citation
- A25036686
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 a disability rating in excess of 10 percent for right knee meniscal tear with degenerative arthritis and granted a separate 20 percent rating for right knee instability.
- Remanded (sent back)
The Board remands the claim for a higher rating for right knee strain to ensure that the estimated range of motion provided for repeated use over time and during flare-ups is sufficient for rating purposes.
- Dismissed
The appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
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