The Veteran's bilateral knee instability is rated under Diagnostic Code 5257, which provides ratings for other impairment of the knee based on recurrent subluxation or instability. The Board found that the evidence does not meet the criteria for a higher rating in excess of 10 percent.,The Veteran contends he has had to use a knee brace and fall due to bilateral knee instability. VA examinations have noted objective evidence of slight instability, but no reports of instability.
The deciding factor: There is no indication of an incomplete ligament tear, failed surgical repair, or recurrent instability after surgical repair that requires a prescription by a medical provider for one of the following: A brace, cane, or walker.
- Claimed conditions
- Left Knee Instability, Right Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2023
- Citation
- 23050863
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 23050863.
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 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.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
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