The Veteran's left knee disability, evaluated as 10 percent disabling from December 1, 2006 through October 27, 2008 and as 30 percent disabling beginning on December 1, 2009, did not meet the criteria for a higher evaluation during this period.
The deciding factor: The Veteran's left knee disability was characterized by slight recurrent subluxation or lateral instability from December 1, 2006 through October 27, 2008, which warranted a 10 percent rating under Diagnostic Code 5257. The removal of semilunar cartilage caused symptoms but did not meet the criteria for higher ratings.
- Claimed conditions
- Postoperative residuals of left knee injury with degenerative joint disease, Symptomatic removal of semilunar cartilage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 19, 2012
- Citation
- 1239628
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 1239628.
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.
- Granted
The Veteran's right knee disability, characterized by dislocation of semilunar cartilage and symptomatic removal of the same, is rated at 20 percent since May 21, 2010. The appeal for additional ratings prior to that date has been granted.
- Denied
The Board denied the Veteran's claims for earlier effective dates for separate ratings of 10% each for symptomatic removal of semilunar cartilage in both knees, finding no legal authority to assign an earlier date and noting that there was no indication of a cartilage removal within one year prior to the June 30, 2010 claim.
- Dismissed
The Veteran's appeal for a TDIU is dismissed as he has requested withdrawal of his appeal in its entirety.
- Granted
The Veteran's claim for a maximum 10 percent rating for symptomatic removal of the semilunar cartilage of the right knee is granted. The issues of rating in excess of 10 percent for painful limitation of motion associated with right knee chondromalacia and instability are remanded.
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