The Board denied an increased rating for the veteran's right knee disability, but granted a separate 10 percent evaluation for arthritis of the same knee.
The deciding factor: The RO assigned a 20 percent rating based on instability and pain in the right knee. The Board found that while the veteran met criteria for instability under Diagnostic Code 5257, he also had arthritis which warranted an additional 10 percent evaluation.
- Claimed conditions
- Post-traumatic patellar dislocation, Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 11, 2007
- Citation
- 0738889
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. Search VA.gov for the original decision (opens in a new tab) using citation 0738889.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error in previous examinations, requiring additional information on right shoulder ROM measurements without medication effects.
- Whole decision: Granted
The Veteran's disability ratings for low back disability and right lower extremity radiculopathy have been reduced from 40% and 10%, respectively, to 20% and 0%. The reduction was based on improvements shown in recent VA examinations.
- Whole decision: Denied
The Veteran's right knee strain with arthritis is currently rated at 10 percent, the maximum allowable rating under Diagnostic Code 5010 prior to February 7, 2021. The Veteran's GERD with hiatal hernia and irritable bowel syndrome is not rated higher than 30 percent.
- Whole decision: Granted
The Veteran's right hip disability is granted a 10% rating from January 22, 2018 to April 7, 2022. The Veteran's painful limitation of motion and hip replacement with residuals are denied ratings in excess of 10%. The Veteran's scarring on his hands is granted separate 10% ratings since August 18, 2022.
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