The Board finds that the veteran has additional disability of right knee enlargement, instability, limitation of motion (including due to weakness), and right thigh atrophy caused by an unforeseen event during VA hospitalization or medical/surgical treatment of right knee arthroplasty in July 2002. The evidence is in relative equipoise on this question.
The deciding factor: The May 2008 VA examination report indicates that the veteran experienced additional disability following the July 2002 right total knee replacement, including enlargement, instability, limitation of motion (including due to weakness), and thigh atrophy. The examiner did not indicate these findings were risks disclosed prior to surgery.
- Claimed conditions
- right knee enlargement, instability, limitation of motion (including due to weakness), right thigh atrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2008
- Citation
- 0835207
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 0835207.
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.
- Dismissed
The Veteran withdrew his appeals for service connection for instability, a low back condition, bilateral lower extremity radiculopathy, rhinitis, and sinusitis, as well as entitlement to a TDIU.
- Granted
The Board has determined that the Veteran's current bilateral knee disability, including arthritis, is service connected as it had its onset during his active service and there is no clear and unmistakable error in previous decisions. The appeal for service connection is granted.
- Granted
The Veteran's claim for a higher rating for his left knee meniscal tear and degenerative arthritis with instability was granted, with the effective date being June 1, 2020. The Board found that the Veteran exhibited slight instability in his left knee during the appeal period.
- Denied
The Board denied the Veteran's claim for service connection for instability secondary to his right toe condition as secondary to residual pain, gout, arthritis in right foot due to surgery/right big toe deformity because there was no evidence showing that the instability was incurred or aggravated by service.
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