Our CAVC team successfully secured a remand for a veteran challenging the Board of Veterans’ Appeals’ October 24, 2023, decision regarding knee instability ratings. The Board denied a separate disability rating for right knee instability prior to February 1, 2021, and a rating exceeding 10 percent for left knee instability before February 7, 2021. The U.S. Court of Appeals for Veterans Claims vacated these portions of the decision and remanded the matters for readjudication.
The remand was necessary because the Board failed to provide an adequate statement of reasons or bases for its decision. Specifically, the Board did not address the veteran’s August 2016 statement describing persistent left knee instability. The Board also did not explain its consideration of an April 2018 MRI showing worsening right knee symptoms. This omission prevented proper review and understanding of the Board’s findings. Our attorneys were able to convince VA’s attorneys to agree to a remand rather than brief the issue to a judge.
The Court’s ruling ensures that all relevant evidence will be thoroughly considered on remand, improving the chances for a fair resolution of the veteran’s claims.
