The Veteran's claim for an increased rating for his service-connected ruptured right patellar tendon was denied. The reduction in the disability rating from 20 percent to 10 percent, effective January 30, 2008, is found to be improper and void ab initio.
The deciding factor: The RO failed to comply with the notice provisions set forth in 38 C.F.R. § 3.103(b)(2) when reducing the Veteran's evaluation for his right knee disability from 20 percent to 10 percent, without providing adequate notice and a period of 60 days to submit evidence showing that the reduction should not be taken.
- Claimed conditions
- ruptured right patellar tendon, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 27, 2012
- Citation
- 1233563
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 1233563.
What this means for you
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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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