The Board has remanded the case due to an error in not separately adjudicating the Veteran's claim for a separate rating for left knee instability under Diagnostic Code 5257. The Veteran is seeking this additional rating based on his reports of instability, including falling because of instability at a Board hearing.
The deciding factor: The parties agreed that the Board erred when it did not separately adjudicate the question of whether a separate disability rating for instability of the Veteran's left knee was warranted under Diagnostic Code 5257.
- Claimed conditions
- Left Knee Degenerative Joint Disease (DJD), Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2022
- Citation
- 22058240
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 22058240.
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 service connection for bilateral hearing loss and denied increased ratings for the Veteran's lumbar spine, left and right lower extremity radiculopathy, left knee degenerative joint disease, and left thumb sprain. A separate 10 percent rating was granted for left knee instability.
- Granted
The Board granted service connection for Parkinson's disease and related conditions, including Bradykinesia, instability, dysphagia, dysarthria, tremors, facial paralysis, an acquired psychiatric disorder, bowel incontinence, bladder incontinence, and radiculopathy of all four extremities, based on presumptive service connection due to exposure to contaminated water at Camp Lejeune.
- Granted
The Board has granted service connection for right and left knee Degenerative Joint Disease (DJD), finding that the Veteran's current DJD is related to his active duty service.
- Denied
The Veteran's right and left knee DJD are rated based on limitation of motion. The appeal is denied for ratings in excess of the assigned percentages.
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