The Veteran's service-connected disabilities, including lumbar spondylosis with radiculopathy, left knee degenerative joint disease, left knee instability, right knee osteoarthritis, and scarring of the left upper eyelid and left sacroiliac region, render him unable to secure or follow a substantially gainful occupation. The Board has determined that this evidence reflects the type of situation warranting consideration of an extra-schedular evaluation under 38 C.F.R. § 4.16(b).
The deciding factor: The Veteran's service-connected disabilities, including lumbar spondylosis with radiculopathy, left knee degenerative joint disease, left knee instability, right knee osteoarthritis, and scarring of the left upper eyelid and left sacroiliac region, render him unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- lumbar spondylosis with radiculopathy, left knee degenerative joint disease, left knee instability, right knee osteoarthritis, scarring of the left upper eyelid and left sacroiliac region
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 2, 2010
- Citation
- 1004940
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 1004940.
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.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Denied
The Board denied restoration of the 30 percent ratings for left knee arthritis (flexion), left knee strain arthritis (extension), and left knee instability, as well as a 20 percent rating for left ankle chronic sprain. The Veteran's claims for increased ratings were also denied.
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