The veteran's cervical spine disability is not rated higher than 30 percent, and his right and left knee disabilities are each rated at the maximum of 20 percent. The veteran was granted separate 10 percent evaluations for limitation of extension in both knees.
The deciding factor: The veteran's cervical spine disability does not meet the criteria for an evaluation in excess of 30 percent due to lack of unfavorable or favorable ankylosis and no incapacitating episodes during the past 12 months. The right and left knee disabilities are each rated at the maximum of 20 percent based on limitation of flexion, with separate evaluations granted for limitation of extension.
- Claimed conditions
- degenerative disc disease of the cervical spine, patellofemoral syndrome post arthroscopic surgery for the right knee, patellofemoral syndrome post arthroscopic surgery for the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 25, 2008
- Citation
- 0840596
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 0840596.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.
- Remanded (sent back)
The Veteran's claims for increased ratings for right foot plantar fasciitis, cervical spine degenerative disc disease, and left ankle fracture residuals are being remanded due to the need to obtain Social Security Administration (SSA) records.
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