The Board denied the Veteran's claims for higher initial disability ratings for his degenerative joint disease of the right knee and instability of the right knee, finding that the evidence did not support a rating in excess of 10 percent for the knee condition or a separate evaluation in excess of 20 percent for instability.
The deciding factor: The Veteran's symptoms were found to be consistent with moderate instability beginning in October 2008 and degenerative joint disease, but without ankylosis or severe lateral instability warranting higher ratings under applicable diagnostic codes.
- Claimed conditions
- degenerative joint disease, partial tear of the ACL, complex tear of the anterior horn of the lateral meniscus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 28, 2010
- Citation
- 1036693
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 1036693.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Denied
The Board denied an increased rating for the Veteran's lumbar spine disability, finding that there was no evidence of unfavorable ankylosis and thus not warranting a higher rating.
- Dismissed
The Veteran's appeal for an extension of a temporary total evaluation based on the need for convalescence due to his service-connected left great toe hallux valgus and degenerative joint disease has been dismissed because this issue was already decided by the Board in January 2026.
- Remanded (sent back)
The Board has remanded the case due to an error in providing notice of a pre-decisional hearing, and the Veteran is entitled to such a hearing before the AOJ.
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