The Board has determined that a 40 percent rating is warranted for the veteran's left knee disability prior to July 31, 2001. For the period from December 1, 2001, the veteran's disability does not warrant an increased rating beyond the assigned 40 percent.
The deciding factor: The Board found that the veteran's symptoms did not meet the criteria for a higher rating under any applicable diagnostic codes due to lack of objective findings such as extension limited to 45 degrees or ankylosing of the knee, despite marked interference with employment and frequent periods of hospitalization beyond what is already contemplated by the current 40 percent extraschedular rating.
- Claimed conditions
- Chondral defect of the left patella, Traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 8, 2008
- Citation
- 0826878
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0826878.
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 conditions, including traumatic arthritis and thoracolumbar spine status post fusion, have resulted in the effective loss of use of both feet. The Board has granted eligibility for financial assistance to purchase an automobile or other conveyance and adaptive equipment due to these conditions. Additionally, the Veteran is also receiving SMC at the housebound rate based on his 100% disability rating from traumatic arthritis, thoracolumbar spine status post fusion.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased rating and service connection due to incomplete evidence, including VA treatment records not being associated with his file. The AOJ is instructed to obtain these records and provide a new VA opinion regarding the etiology of the Veteran's bilateral knee condition and left lower extremity radiculopathy.
- Denied
The Veteran's claim for an evaluation in excess of 20 percent for a left ankle fracture with traumatic arthritis was denied as his disability is already at the maximum schedular evaluation available.
- Granted
The Veteran's right foot injury, which included a puncture wound and traumatic arthritis, was granted an initial rating of 10 percent from February 27, 2015 to November 7, 2019.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.