The Veteran's right knee disability, including chondromalacia and a meniscal tear, is currently rated as 30 percent for lateral instability. The rating remains unchanged despite the Veteran's complaints of pain and difficulty with daily activities.
The deciding factor: The VA examiner found that the Veteran has severe lateral instability throughout the period on appeal, warranting a 30% rating under DC 5257.
- Claimed conditions
- Right Knee Chondromalacia, Meniscal Tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 22, 2021
- Citation
- 21003605
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 21003605.
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 Board denied a rating in excess of 10 percent for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of flexion), and awarded an initial compensable rating for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of extension).
- Granted
The Veteran's right knee instability rating is restored to 20 percent effective November 1, 2019. The initial disability rating for right knee instability remains denied and the increased disability rating for right knee chondromalacia is granted.
- Denied
The Veteran's claims for increased ratings for his right and left knee conditions have been denied. The current evaluations for the right knee under DC 5260 are 10 percent, while those for the left knee under DCs 5260 and 5261 are noncompensable.
- Denied
The Veteran's service-connected right knee disability is not productive of actual or functional flexion limited to 30 degrees, extension limited to 10 degrees, ankylosis, recurrent subluxation or lateral instability, patellar instability, dislocated semilunar cartilage, symptomatic removal of semilunar cartilage, impairment of the tibia and fibula, medial tibial stress syndrome or shin splints, or genu recurvatum. Therefore, a rating in excess of 10 percent for right knee chondromalacia, to include right knee meniscal tear, residuals of meniscectomy, and residuals of right knee arthroplasty is denied.
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