The Veteran's right knee instability was rated as 10% from July 1, 2013 to May 5, 2022 and denied a higher rating.,From May 6, 2022, the Veteran's right knee instability was rated as 20%, but he is still denied a higher rating for this period.
The deciding factor: The pre-amended criteria were more favorable to the Veteran because his surgery did not involve repair of one or more patellofemoral components that contribute to the underlying instability, and no assistive device was prescribed by a medical provider.,The post-amended criteria do not apply as the Veteran's right knee instability is rated under Diagnostic Code 5257, which does not require surgical repair for persistent instability.
- Claimed conditions
- Right Knee Instability, Popping and Swelling
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2024
- Citation
- 24033722
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 24033722.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.