The Veteran's right knee disability, characterized by pain, swelling, and limited motion, does not warrant a higher rating as the evidence shows that his condition is currently rated at 20 percent for recurrent subluxation or lateral instability.
The deciding factor: The Veteran's right knee disability has been evaluated based on its current manifestations of pain, swelling, and limited motion without significant instability or extension issues. The VA examinations have consistently noted moderate to severe arthritis with associated functional limitations but no evidence of severe instability warranting a higher rating under DC 5257.
- Claimed conditions
- osteoarthritis of the right knee, degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 15, 2010
- Citation
- 1014368
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 1014368.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased ratings for his bilateral hips and right knee are being remanded due to duty-to-assist errors. The VA is required to obtain the Veteran's SSA disability benefits records, provide supplemental opinions regarding the ameliorative effects of medication on his hip and knee disabilities, and correct any duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, as well as his right knee scar. The RO must attempt to obtain all available private treatment records from the Tennessee Orthopedic Clinic.
- Dismissed
The Veteran withdrew his appeal regarding the rating reductions for lateral instability of the right knee and osteoarthritis of the right knee, so these issues are dismissed.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions and a higher disability rating for chronic scalp folliculitis. The AOJ is instructed to obtain additional medical records and conduct further examinations as needed.
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