English v. Wilkie

Larry E. English (plaintiff) served in the US Army, after which English was granted a service connection for knee disability at a 10 percent rating by the Department of Veterans Affairs (VA) (defendant). The rating was based on range of motion and flexion. English was evaluated by VA examiners several times. English reported to the examiners experiencing knee instability, but the examiners did not find instability during the examinations. English contested the rating for the next several years, during which there were four separate decisions issued by the Board of Veterans’ Appeals (the board). English also appealed to the United States Court of Appeals for the Federal Circuit, during which the parties agreed to a joint motion for remand back to the board based on the board having failed to give adequate reasons for denying English’s claim. After that, the board remanded the matter back to the VA regional office for an examination, during which the examiner was required to address not just range of motion but also pain during motion, loss of range after repetitions, and functional loss due to pain. After this examination, the board subsequently denied English’s request for a rating higher than 10 percent, stating that with regard to a knee disability for instability pursuant to diagnostic code (DC) 5257, the board had considered the full claims file, including English’s subjective reports of instability, but with an emphasis on the medical evidence. The board concluded that English would be entitled to a rating under DC 5257 if the evidence showed joint instability but that the objective clinical examinations did not demonstrate knee instability. English appealed to the Court of Appeals for the Federal Circuit, arguing that the board’s requirement of objective medical evidence of joint instability was erroneous.