The veteran's left knee disability, including dislocation and degenerative arthritis, does not warrant a rating in excess of 10 percent.
The deciding factor: The evidence shows painful residuals but no recurrent subluxation or moderate instability. The arthritis was determined to be aggravated by service, but the RO did not specifically consider it for a separate rating under DC 5003.
- Claimed conditions
- Left Knee Dislocation, Degenerative Arthritis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 16, 2009
- Citation
- 0901888
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The appeal of a proposed reduction of the evaluation of left knee meniscal tear, status post arthroscopic repair with chondromalacia, to include degenerative arthritis from 20 percent to 10 percent is dismissed. The Veteran's claim for a rating in excess of 20 percent for his service-connected left knee disability was also denied.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Denied
The Board has denied service connection for PTSD, type II diabetes mellitus, diabetic nephropathy (chronic kidney disease), peripheral neuropathy of the right and left upper and lower extremities, varicose veins (PVD) of the right and left leg, and degenerative arthritis as there is no evidence to support a current diagnosis or that these conditions are related to service.
- Denied
The Veteran's service-connected tarsal tunnel syndrome and arthritis have been rated at 10 percent throughout the appeal period, and the Board has determined that these ratings are appropriate based on the current evidence of record.
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