The Board remands the claims for a rating in excess of 10 percent for left knee disability, a rating in excess of 10 percent prior to March 4, 2021, and in excess of 20 percent thereafter for lumbar spine disability, an initial compensable rating for right knee limitation of flexion, an initial compensable rating for left knee limitation of flexion, effective dates prior to March 4, 2021, for separate ratings for left and right knee limitations of flexion, and a total disability based on individual unemployability (TDIU) due to duty to assist errors.
The deciding factor: The Board remands the claims due to duty to assist errors that occurred prior to the rating decision on appeal, including missing VA treatment records and inadequate medical examinations.
- Claimed conditions
- left knee strain with chondromalacia patella associated with left foot fracture, degenerative arthritis with lumbosacral strain and intervertebral disc syndrome, right knee disability with limitation of flexion, left knee disability with limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2025
- Citation
- A25056793
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 Veteran's left knee disability was granted a 20 percent rating for lateral instability from January 4, 2019, and a 10 percent rating for symptomatic removal of semilunar cartilage from June 13, 2017, to August 22, 2018. The claims for an earlier effective date, increased rating for extension, separate rating for shin splints, and special monthly compensation were denied.
- Denied
The Board denied a rating higher than 10 percent for right knee disability with limitation of flexion and a compensable rating for right knee disability with limitation of extension.
- Remanded (sent back)
The Board remanded all issues to obtain new medical opinions and records.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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