The Veteran's right knee disability has been rated at 20 percent since October 1, 2005. The appeal for a higher rating is denied as the evidence does not support a finding of severe lateral instability or recurrent subluxation under DC 5257.
The deciding factor: The Veteran’s symptoms have varied throughout the period on appeal and do not consistently meet the criteria for a higher rating under DC 5257, which rates in accordance with lateral instability and recurrent subluxation. The evidence does not support a finding of severe lateral instability or recurrent subluxation.
- Claimed conditions
- anterior cruciate ligament (ACL) tear, meniscal injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 28, 2013
- Citation
- 1317336
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 1317336.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has granted a readjudication of the claim for service connection for right knee disorder. The claims for right leg shortening are remanded due to their inextricability with the right knee disorder claim.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has remanded the case for an addendum opinion regarding whether the Veteran's service-connected back disability with radiculopathy caused or aggravated his fall injury at work, which in turn resulted in his left knee condition.
- Remanded (sent back)
The Veteran's appeal is remanded due to insufficient evidence in the claims file, particularly regarding a meniscal injury found during a private examination. The Board requires a VA examination to address these issues and provide a proper rating for her left knee disability.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's right knee disability. A new VA examination is needed to determine if any current diagnoses are related to service.
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