The Veteran's right knee disability was rated at 30 percent, but an additional separate 10 percent rating for traumatic arthritis of the right knee was granted.
The deciding factor: The range of motion and symptoms did not meet the criteria for a higher rating under DCs 5256, 5257, 5261, or 5262; however, there were degenerative changes on x-ray that warranted an additional separate 10 percent rating.
- Claimed conditions
- Degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 19, 2009
- Citation
- 0906218
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.
- Remanded (sent back)
The Board remands the claims for further development to ensure that the severity of the Veteran's bilateral knee disability is accurately assessed without considering the ameliorative effects of medication.
- Granted
The Board granted increased ratings for the Veteran's degenerative spondylosis at L5-S1, left and right shoulder disabilities, left and right knee disabilities, and depressive disorder.
- Denied
The Board denied the claim for a disability rating in excess of 10 percent for degenerative joint disease of the right knee based on the evidence showing limitation of flexion to 135 degrees and extension to 5 degrees, which did not meet the criteria for a higher rating.
- Partly granted
The Veteran's right knee disability was granted a rating of 50 percent, but no higher, for limitation of extension. TDIU was also granted due to the inability to secure and follow substantially gainful employment.
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