The Board has restored a separate 10 percent rating for residuals of left knee medial meniscectomy under Diagnostic Code 5259, effective September 28, 2015. The Veteran's appeal is also remanded to obtain new VA examinations and implement the award of a separate 10 percent rating for limitation of flexion.
The deciding factor: The Board found that the reduction in rating from Diagnostic Code 5259 to Diagnostic Code 5261 was improper due to the Veteran's prior receipt of such rating for at least 20 years and granted restoration of the previous rating. The appeal is also remanded as new VA examinations are needed to address range of motion testing.
- Claimed conditions
- left knee arthritis, left knee medial meniscectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001168
Veterans Law Judge
Decisions by this judge: 622 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23001168.
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 Veteran withdrew her appeal regarding the service connection for left and right knee arthritis, thus the appeal is dismissed.
- Granted
The Board has granted service connection for obstructive sleep apnea and dismissed all other appeals related to various joint conditions.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Denied
The Veteran's claim for special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s) is denied because he does not have a single service-connected disability rated as 100 percent disabling, and his disabilities do not meet the requirements of SMC under this section.
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