The Board granted separate ratings of 10 percent for lateral instability and patellar instability of the right knee, and left knee, for specific periods.
The deciding factor: The Veteran's knee disabilities manifested as slight lateral instability and recurrent patellar instability that required a prescription by a medical provider for a brace, which warranted higher ratings under Diagnostic Code 5257.
- Claimed conditions
- Lateral instability of the right knee, Patellar instability of the right knee, Lateral instability of the left knee, Patellar instability of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001845
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.
- Partly granted
The Board granted a 30 percent rating for patellar instability of the left and right knees, as well as a 10 percent rating for limitation of flexion of the left knee from January 3, 2023. The claims for earlier effective dates were denied.
- Granted
The Board granted ratings of 20 percent for dislocation of the medial meniscus, 30 percent for functional loss equivalent to favorable ankylosis, and 20 percent for lateral instability of the right knee. The Veteran's claims for earlier effective dates for TDIU and DEA were denied, but SMC based on housebound status was granted.
- Denied
The Board denied an increased evaluation for osteoarthritis of the left knee and lateral instability of the left knee, finding that the current ratings accurately reflect the severity of the Veteran's disabilities.
- Denied
The veteran's claims for increased ratings for his left knee conditions and right knee disability were denied as the evidence did not support higher ratings.
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