The Veteran's initial ratings for left and right knee disabilities have been granted, but the Board has found that separate disability ratings of 10 percent or higher are warranted for each knee due to instability. The appeal is remanded for further development regarding service connection claims.
The deciding factor: The medical evidence does not consistently show moderate or severe instability sufficient to warrant higher ratings under DC 5257, but the Veteran's credible lay testimony supports a finding of slight instability in both knees.
- Claimed conditions
- Left Knee Arthritis with Limitation of Motion, Right Knee Arthritis with Limitation of Motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 13, 2019
- Citation
- 19171468
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 19171468.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right knee disability is rated at 10% for arthritis with limitation of motion and a separate 10% rating for residuals of the meniscectomy. For the lumbar spine, a noncompensable rating was assigned from January 1, 2012 to March 10, 2016, and a 10% rating has been granted since March 11, 2016.
- Granted
The Veteran's right knee disability was rated at 30 percent prior to January 15, 2014 for instability and arthritis with limitation of motion. Since March 1, 2015, the Veteran is entitled to a rating in excess of 30 percent for his status post total knee replacement.
- Granted
The Board has determined that the veteran's left knee disability warrants a 10 percent rating based on limitation of motion, and thus his claim for an increased rating is granted.
- Denied
The veteran's appeals for increased evaluations of her service-connected right foot cyst excision scar, postoperative residuals of a hemorrhoidectomy, and right knee disorders were denied as she did not file timely substantive appeals.
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