The reduction from 20 percent to 10 percent for the veteran's service-connected residuals of a right knee injury was not proper, and the 20 percent rating is restored.
The deciding factor: The RO failed to comply with the notice provisions of 38 C.F.R. § 3.105, making the reduction void ab initio.
- Claimed conditions
- residuals of a right knee injury
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2008
- Citation
- 0813448
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for multiple conditions, including GERD, neck injury, right knee injury, left knee injury, shrapnel wound to the lower left leg, right ankle injury, left ankle injury, RLE neuropathy, and lower back injury.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to inadequate opinions in previous examinations.
- Granted
The Veteran's claim for a TDIU was granted with an effective date of July 25, 2014. The decision also states that no earlier effective date is warranted.
- Remanded (sent back)
The Board has remanded the veteran's claims for service connection due to missing records and need for further examination. The issues are related to varicose veins of the bilateral lower extremities, right knee injury residuals, and abscess on the back.
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