The veteran's left knee impairment, including instability, is more often closer to severe than moderate; he always wears a hinged brace, walks with a cane and has to back down steps, limps. The veteran's left knee has severe degenerative changes representing virtually 'bone on bone'; he is a candidate for a total knee replacement but this is precluded by other health concerns.
The deciding factor: The severity of the veteran's left knee condition, including instability, pain, and significant degenerative changes, justifies an increased rating to 30 percent under DC 5257. The right knee conditions do not warrant higher ratings based on current evidence.
- Claimed conditions
- Residuals of meniscectomy, left knee, Degenerative joint disease, left knee, Residuals of fractured right patella with laxity, Degenerative joint disease, right knee, Scar, left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- April 10, 2008
- Citation
- 0811894
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Denied
The Board denied service connection for a right leg disability, kidney cancer, including residuals, and bilateral knee disabilities as the evidence did not support that these conditions began during active service or are related to an in-service injury or disease.
- Dismissed
The appeal for service connection for headaches, erectile dysfunction, hypertension, right knee, left knee, and right shoulder was dismissed due to the untimely filing of the Board Appeal request.
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