The Board remands the claims for an initial compensable rating for right knee limitation of extension and right knee scar due to a pre-decisional duty to assist error.
The deciding factor: The RO did not notify the Veteran that it was unable to obtain private treatment records from Kaiser Permanente, which is required under 38 C.F.R. § 3.159(e).
- Claimed conditions
- right knee limitation of extension, scar, right knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2025
- Citation
- A25038526
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 an increased rating for right knee strain and instability but granted a separate 10 percent rating for right knee limitation of extension from November 25, 2024.
- Granted
The Board granted a 30 percent rating for right knee patellofemoral pain syndrome, right knee instability, and separate 40 percent rating for right knee limitation of extension prior to July 27, 2019.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
- Granted
The Board granted a rating of 40 percent for right knee limitation of extension and a rating of 10 percent for right knee instability based on the Veteran's medical history and examination findings.
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