The Board found that the reduction in the left knee disability rating from 30% to 20% was proper, and denied a higher initial rating for lumbar myositis while granting a separate 10% rating for radiculopathy of the right lower extremity.
The deciding factor: The January 2003 VA examination showed improvement in the veteran's left knee condition, warranting the reduction from 30% to 20%. The lumbar myositis did not meet criteria for a higher initial rating.
- Claimed conditions
- left knee, status post lateral meniscus repair and chronic synovitis, lumbar myositis, bulging disc and lumbar spondylosis and degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 6, 2009
- Citation
- 0900306
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 left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Denied
The Board denied service connection for a right leg disability, kidney cancer, including residuals, and bilateral knee disabilities as the evidence did not support that these conditions began during active service or are related to an in-service injury or disease.
- Dismissed
The appeal for service connection for headaches, erectile dysfunction, hypertension, right knee, left knee, and right shoulder was dismissed due to the untimely filing of the Board Appeal request.
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