The Veteran's left knee disability was manifested by slight lateral instability for the appellate period prior to March 28, 2018. The Board granted a separate rating of 10 percent under DC 5257.,The issues of entitlement to an initial disability rating in excess of 10 percent for left knee strain and entitlement to a separate compensable rating for a left knee meniscal condition were raised by the pre-decisional evidence of record.
The deciding factor: The Veteran's left knee instability was manifested by slight lateral instability, warranting a separate rating of 10 percent under DC 5257. The Board found that the evidence was in relative equipoise as to whether the Veteran's left knee disability was manifested by slight lateral instability for the appellate period prior to March 28, 2018.
- Claimed conditions
- Left Knee Strain, Left Knee Instability, Left Knee Meniscal Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2024
- Citation
- A24027759
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 A24027759.
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 right and left knee strains, as well as shin splints, were granted increased ratings. The Veteran also received special monthly compensation at the housebound rate from October 25, 2017 to March 11, 2024.
- 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.
- Remanded (sent back)
The Board has determined that the Veteran does not have a current disability of bilateral hearing loss for VA purposes and therefore, service connection is denied. The claims for tinnitus, an acquired psychiatric disorder (including PTSD), obstructive sleep apnea, and left knee strain are remanded due to pre-decisional duty to assist errors.
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