The Veteran's claims for increased ratings for his right knee and shell fragment wound disabilities were denied. The Board found that the criteria for more than a disability rating of 10 percent for residuals of an injury of the right knee on the basis of instability and subluxation have not been met prior to June 19, 2007, and from that date forward. For the right knee with traumatic arthritis, the criteria have also not been met. The Veteran's shell fragment wound disability did not meet the criteria for a higher rating.
The deciding factor: The evidence does not show more than slight impairment of the right knee prior to June 19, 2007, and moderate impairment thereafter. For the right knee with traumatic arthritis, there is no limitation of motion or other compensable symptomatology. The Veteran's shell fragment wound disability did not meet the criteria for a higher rating.
- Claimed conditions
- Right Knee Instability and Subluxation, Traumatic Arthritis of Right Knee, Shell Fragment Wound of Right Lower Leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2010
- Citation
- 1036551
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 1036551.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the claims for increased ratings for various knee disabilities and entitlement to special monthly compensation (SMC) due to the need for regular aid and attendance. The Veteran needs additional VA examinations to determine the severity of her service-connected knee disabilities, including whether she requires assistance with daily activities.
- Granted
The Board has granted a TDIU based on the Veteran's service-connected bilateral knee disabilities and IBS, which have rendered her unable to secure or follow substantially gainful employment.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including obtaining an addendum VA opinion and scheduling a VA examination. The issues include entitlement to SMC based on the need for aid and attendance of another person and/or other SMC, as well as initial increased ratings for his right knee disabilities.
- Denied
The Veteran's PTSD is rated at 70 percent since June 9, 2020. Prior to that date, the rating was denied.,A separate 10 percent rating for right knee tendonitis with degenerative arthritis has been granted. The 20 percent rating for right knee instability and subluxation remains unchanged.
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