The Veteran's claim for an increased rating for his right knee disability is denied as the current rating of 30 percent already reflects the maximum available under Diagnostic Code 5257, which pertains to severe knee impairment with recurrent subluxation or lateral instability. The Veteran does not meet the criteria for a separate compensable rating based on arthritis due to limitation of motion.
The deciding factor: The Veteran's right knee disability is currently rated at 30 percent under Diagnostic Code (DC) 5257, which pertains to severe knee impairment with recurrent subluxation or lateral instability. The current rating already reflects the maximum available for this condition. Additionally, while arthritis has been shown by X-ray, there is no evidence of limitation of motion that would warrant a separate compensable rating under DCs 5003 and 5260/5261.
- Claimed conditions
- Right Knee Instability, Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 21, 2010
- Citation
- 1022851
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1022851.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
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