The Board dismissed the Veteran's appeal for an initial rating in excess of 10 percent for left knee instability due to withdrawal by his attorney. The claim for a higher rating for left ankle lateral collateral ligament sprain was denied as there is no evidence that warrants a 20 percent evaluation based on current medical findings.
The deciding factor: The January 2021 VA examination showed the Veteran's left ankle had limited motion, but not to the extent required for a 20 percent rating under Diagnostic Code 5271. The attorney argued for a higher rating due to potential measurement error in the range of motion results.
- Claimed conditions
- Left Knee Instability, Left Ankle Lateral Collateral Ligament Sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 4, 2023
- Citation
- A23034447
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 A23034447.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Partly granted
The Veteran's claims for service connection and increased ratings have been remanded due to insufficient evidence. The Board will consider all submitted evidence, including any new evidence provided by the Veteran.
- Granted
The Veteran's left knee disability is rated at 40 percent for limitation of extension, effective December 18, 2025. The Veteran also received separate ratings for instability and dislocation of semilunar cartilage.
- Remanded (sent back)
The Veteran's hypertension, left knee flexion limitation, and instability of the left knee are all rated at their maximum allowable under VA regulations. The right knee scar is not compensable. The Board has remanded for further examination to determine the severity of these conditions without considering the ameliorative effects of medication.
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