The veteran's service-connected degenerative joint disease of the right knee warranted a separate 10 percent evaluation since June 9, 2003, but his varus deformity and instability did not warrant increased ratings.
The deciding factor: The evidence showed moderate degenerative arthritis in addition to varus deformity and instability, justifying a separate rating for the arthritis under DC 5010. However, there was no evidence of severe subluxation or instability to warrant higher ratings under other codes.
- Claimed conditions
- Degenerative joint disease with varus deformity right knee, Instability of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 20, 2008
- Citation
- 0816587
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.
- Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to a lack of adequate medical evidence regarding the severity and manifestations of the Veteran's right knee disabilities from February 2015 to the present.
- Remanded (sent back)
The claims for increased ratings for the Veteran's bilateral knee disabilities are remanded for a new VA examination and to obtain any outstanding private treatment records.
- Remanded (sent back)
The Board remands the Veteran's claims for a higher rating for his right knee conditions and TDIU due to insufficient evidence in the record.
- Remanded (sent back)
The Board remands the claims for a new VA examination and to obtain outstanding relevant records, as required by law.
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