The Veteran's right knee disability is currently rated at 30 percent from March 1, 2020. The Board has found that a higher rating is not warranted for the period prior to January 2, 2019 due to lack of more than slight instability and limitation of extension. For the period after March 1, 2020, the Veteran's right knee disability is rated at 30 percent under DC 5055.
The deciding factor: The Veteran’s right knee disability was found to have moderate recurrent subluxation or lateral instability prior to January 2, 2019 and a separate rating of 10 percent for limitation of extension is warranted. After March 1, 2020, the Veteran's right knee replacement is rated at 30 percent under DC 5055.
- Claimed conditions
- Right Knee Disability, Right Knee Scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 14, 2020
- Citation
- 20066445
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board granted service connection for obstructive sleep apnea and insomnia, but denied service connection for right knee disability, left knee disability, right ankle disability, intestinal condition (chronic colitis), and chronic migraine disability.
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