The Veteran's service-connected left knee disability is rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5257 for moderate instability. The Board finds that the evidence of record is in equipoise as to whether his service-connected left knee disability more nearly approximates moderate instability.
The deciding factor: The Veteran's left knee disability has been rated based on moderate instability, warranting a 20 percent rating under Diagnostic Code 5257. The Board finds that the evidence of record is in equipoise as to whether his service-connected left knee disability more nearly approximates moderate instability.
- Claimed conditions
- Chronic Obstructive Pulmonary Disorder (COPD), Left Partial Medial Meniscectomy with Chondroplasty
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 14, 2009
- Citation
- 0930593
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 0930593.
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.
- Denied
The Veteran's cause of death was determined to be due to COPD, but the Board found no evidence linking this condition to his service or exposure to herbicide agents. As such, service connection for the cause of death is denied.
- Granted
The Veteran's COPD with OSA has been granted an initial rating of 60 percent effective May 1, 2019. The claim for separate ratings is denied.
- Remanded (sent back)
The Board has remanded the claims for service connection for OSA and COPD on a secondary basis, as well as the initial rating for constipation. The issues of entitlement to SMC-HB and TDIU have been dismissed due to withdrawal by the Veteran.
- Remanded (sent back)
The Board remands the claim for an initial compensable evaluation of service-connected COPD to ensure a proper medical examination is conducted.
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