The Veteran's left and right knee disabilities were evaluated under Diagnostic Codes 5257, 5260, and 5261. The VA examiner found no subluxation or lateral instability in either knee, which precludes a higher rating based on these criteria. The knees' range of motion was within normal limits, thus not warranting any higher ratings under Diagnostic Codes 5260 and 5261. Pain alone does not constitute functional loss for the purposes of rating under limitation of motion diagnostic codes.
The deciding factor: The Veteran's knee disabilities did not meet the criteria for a compensable rating as they did not show subluxation or lateral instability, and their range of motion was within normal limits.
- Claimed conditions
- left knee strain, right knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2019
- Citation
- 19105112
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for bilateral hip and knee disabilities, as well as a TDIU claim, to ensure adequate VA examinations are conducted.
- Partly granted
The Board granted service connection for left hip iliopsoas tendonitis, right knee strain, and left knee strain as secondary to lumbosacral strain. Service connection was also granted for cannabis use disorder as secondary to mental health conditions of PTSD, major depressive disorder with alcohol use disorder, and TBI. However, the Board denied an initial disability rating in excess of 70 percent for PTSD and granted a separate disability rating of 40 percent for TBI.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.