The Board granted restoration of a separate 10 percent rating under Diagnostic Code 5259 for residuals of a left knee medial meniscectomy, effective September 28, 2015. The decision also remanded issues related to higher ratings based on limitation of extension and flexion.
The deciding factor: The change in diagnostic code from 5259 to 5261 was found to be an improper reduction of a protected rating due to the initial rating being in effect for more than 20 years without evidence of fraud.
- Claimed conditions
- Left knee arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 9, 2023
- Citation
- 23001168
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for left knee instability, left knee arthritis, right shoulder strain, and residual scars to the right shoulder, index finger, and long finger.
- Partly granted
The Board granted service connection for a left foot disability (other than callosities) and a right hip disability, as well as increased ratings for an acquired psychiatric disorder, bilateral foot disability prior to July 6, 2020, lumbar spine disability, right knee instability prior to October 2, 2019, and left knee instability. However, it denied increased ratings for the bilateral foot disability since July 26, 2020, right knee arthritis, left knee arthritis, and right knee instability since October 2, 2019.
- Remanded (sent back)
The Board is remanding the matters for clarification from the private examiner as to whether a goniometer was used, and will defer further adjudication until such clarification is provided.
- Dismissed
The Veteran's requests for extensions of time to file Board Appeal requests were denied, and the attempted appeals were dismissed.
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