The Veteran's right knee disability was rated at 20% prior to November 10, 2004 and increased to 40% thereafter. From September 10, 2008, the Veteran is now rated at 30% for instability of his right knee. The left knee disability remains at 20%. For hip strain, a compensable rating was granted.
The deciding factor: The Veteran's right knee disability has been rated under Diagnostic Code 5258 (dislocated semilunar cartilage with frequent episodes of locking, pain and effusion) since March 1993. The September 2008 VA examination confirmed the need for a separate rating for instability due to severe instability as evidenced by positive McMurray's test.
- Claimed conditions
- Right Knee, Left Knee, Hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 8, 2009
- Citation
- 0925558
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 0925558.
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.
- Granted
The Veteran's service connection claims for various knee and back disabilities, as well as radiculopathy in the right lower extremity (RLE) and left lower extremity (LLE), have been granted. Service connection is also granted for a right hip disability secondary to his back disability.
- Granted
The Veteran's service-connected right and left knee disabilities have been granted, with a rating of 30% for each knee. The Veteran is also entitled to special monthly compensation based on the need for regular aid and attendance.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased disability ratings for his bilateral knee disabilities due to insufficient detail in the VA examination report. The Veteran needs a new VA examination to address whether he has subluxation, instability, or semilunar cartilage condition of either knee and what causes his reports of giving way.
- Granted
The Veteran's right knee extension was rated at 50 percent effective May 12, 2023. The left knee extension was rated at 40 percent effective May 12, 2023.,Effective September 13, 2018 to May 12, 2023, the Veteran's bilateral knee flexion was most severely limited to 25 degrees. Effective May 12, 2023, the Veteran's bilateral knee flexion is rated at 10 percent.
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