The Veteran's right knee disability is rated based on flexion impairment and instability. The appeal for increased ratings remains pending.,Service connection claims for coronary artery disease, diabetes mellitus type II, residuals of prostate cancer, and hypertension are remanded due to new evidence.
The deciding factor: The Veteran's right knee disability is rated based on flexion impairment under Diagnostic Code 5260. The appeal remains pending as the criteria for increased ratings have not been met.,Service connection claims are being remanded because there is new and material evidence to reopen these claims.
- Claimed conditions
- Right Knee Meniscus Tear, Patellar Instability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2023
- Citation
- 23064897
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 23064897.
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.
- Granted
The Veteran's right knee disability is rated at 10 percent for degenerative arthritis and granted a separate rating of 30 percent for patellar instability, effective from the date of the August 2023 decision.
- Granted
The Veteran's right knee strain and instability have been granted separate ratings, with the right knee strain receiving a 10 percent rating and the right knee instability receiving a 20 percent rating.
- Denied
The Veteran's claims for increased ratings were denied. The right knee conditions, including meniscus tear and instability, are not rated higher than the current assigned disability ratings.
- Remanded (sent back)
The Board has remanded the cases of entitlement to a rating in excess of 10 percent for right knee degenerative joint disease and entitlement to a compensable rating for right knee meniscus tear due to inadequate VA examinations.
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