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Learn why a veteran's claim for a higher knee disability rating was sent back to the VA for more evidence and what steps to take after a remand.
The veteran, who served from April 1979 to April 1999, filed several claims in May 2020, including requests for increased disability ratings for their right and left knee conditions. Specifically, the veteran sought a rating higher than 10 percent for right knee patellofemoral syndrome with degenerative arthritis and a rating higher than 10 percent for left knee patellofemoral syndrome with degenerative arthritis and meniscal tear. After initial denials by the local VA office (Agency of Original Jurisdiction or AOJ), the veteran pursued a Higher-Level Review (HLR) and then a Board Appeal. During this process, the Board of Veterans' Appeals (BVA) noted that for some claims, including the knee issues, the veteran had elected the Direct Review docket. This meant the BVA could only consider evidence that was part of the official record at the time of the last AOJ decision. Any new evidence submitted after that point could not be reviewed by the Board. Ultimately, the BVA decided to "remand" the veteran's claims for higher ratings for both the right and left knee conditions. This means the Board did not deny the claims, but instead sent them back to the local VA office for further development. The BVA indicated that any evidence it could not consider due to the Direct Review docket rules would now be reviewed by the AOJ as part of the remand process. This gives the veteran another opportunity to present evidence and for the VA to gather more information to make a new decision on the knee rating increases.
Since the knee claims were remanded, the veteran has a crucial opportunity to strengthen their case. The key is to provide comprehensive and current evidence that clearly demonstrates the severity of their right and left knee conditions and how they impact daily life and work. The VA rates knee conditions based on factors like limitation of motion, pain, instability, and the need for assistive devices. To secure a higher rating, the veteran must show that their current symptoms exceed the criteria for their existing 10 percent rating. This means gathering detailed medical evidence, including recent doctor's reports, imaging results (X-rays, MRIs), and any specialist opinions (e.g., orthopedic surgeon, physical therapist). These records should specifically describe the extent of pain, stiffness, swelling, and any instability or giving way of the knees. It's vital that medical professionals document how these symptoms limit the veteran's ability to bend, straighten, or bear weight on their knees, and how they affect their ability to perform daily activities like walking, standing, climbing stairs, or even sleeping. Equally important are detailed lay statements from the veteran and anyone who observes their daily struggles, such as family members or friends. These statements should describe the frequency, severity, and duration of knee pain, any episodes of buckling or instability, and how these issues interfere with their work, social life, and personal care. For example, if the veteran needs a cane or brace, or if they can no longer participate in hobbies they once enjoyed due to knee pain, these details are critical. The goal is to paint a complete picture of the functional impairment caused by the knee conditions, ensuring the VA has all the necessary information to assign a fair and accurate rating.
A remand is an opportunity to provide more evidence; ensure all medical records and personal statements clearly detail the functional impact of your knee conditions to support a higher rating.
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