The Veteran's claims for increased ratings were denied, and the case was remanded. The Board found that a separate rating for left knee instability is warranted prior to March 24, 2011, but no higher. A separate rating for left knee meniscus disability is also granted prior to March 24, 2011. The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was remanded.
The deciding factor: The evidence showed that the Veteran had instability of his left knee prior to March 24, 2011, warranting a separate 10 percent evaluation under Diagnostic Code 5257. The Veteran also had meniscus disability and arthritis, which warranted separate ratings under DCs 5260 and 5010-5260.
- Claimed conditions
- left knee injury with arthritis, left knee instability, left knee meniscus disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2020
- Citation
- 20068580
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.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- Denied
The Board denied restoration of the 30 percent ratings for left knee arthritis (flexion), left knee strain arthritis (extension), and left knee instability, as well as a 20 percent rating for left ankle chronic sprain. The Veteran's claims for increased ratings were also denied.
- Partly granted
The Board granted service connection for right knee gout and a rating of 50 percent for the Veteran's right wrist condition, while remanding several other issues related to his knees and instability.
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