The Veteran's claim for a higher rating for left knee lateral instability since February 9, 2021 is granted. The claim for a higher rating before that date and the TDIU claim are denied.
The deciding factor: The medical evidence did not show moderate recurrent subluxation or lateral instability, which would warrant a higher rating under the pre-amended criteria. However, the February 2021 VA examiner noted persistent instability requiring a brace for ambulation, which is sufficient to meet the criteria for a 20 percent rating since February 9, 2021.
- Claimed conditions
- left knee limitation of flexion, left knee lateral instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 20, 2023
- Citation
- 23003646
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 23003646.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied service connection for left ear hearing loss and granted earlier effective dates of January 22, 2024, for the grants of service connection for right ear hearing loss, a left shoulder disability (left shoulder strain with joint instability), a low back disability (lumbosacral strain with intervertebral disc syndrome (IVDS)), left knee strain, left knee limitation of flexion, and left knee limitation of extension.
- Denied
The Board found that the severance of service connection for left knee osteoarthritis and limitation of flexion was proper, and the reduction in the schedular rating from 20 percent to 10 percent for left knee chondromalacia with spurring and patellofemoral syndrome was improper. The appeal is denied.
- Denied
The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment.
- Remanded (sent back)
The Board has remanded the claims for increased ratings for right and left knee disabilities due to pre-decisional errors in obtaining retrospective opinions considering functional loss without the ameliorative effects of medication.
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