The Veteran's appeal is remanded for additional development. The Board finds that the Veteran does not meet the criteria for a compensable evaluation for left knee surgical scars, an evaluation greater than 10 percent for right knee limitation of extension prior to July 21, 2022, or a compensable evaluation for right knee limitation of flexion. However, he is granted a rating of 10 percent evaluation for right knee instability and a rating of 10 percent evaluation for left knee instability.
The deciding factor: The Veteran's knee disabilities do not meet the criteria for higher ratings under the applicable diagnostic codes due to lack of evidence of more than slight recurrent subluxation or lateral instability, which is required for a separate rating based on instability. The Board finds that remand is necessary to obtain additional medical opinions and development.
- Claimed conditions
- Left Knee Surgical Scars, Right Knee Limitation of Extension (prior to July 21, 2022), Right Knee Flexion, Left Knee Meniscal Tear with Partial Medial Meniscectomy and Plica Excision (prior to July 21, 2022), Left Knee Arthritis, Right Knee Instability, Left Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2023
- Citation
- 23063720
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 23063720.
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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