The Veteran's service-connected right and left knee chondromalacia disabilities have been granted a 50% evaluation effective October 30, 2012. The Veteran's chronic lumbar pain with myofascial muscle strain has also been granted an increased rating to 20%. These ratings are in line with the criteria set forth in VA regulations.
The deciding factor: The RO found that the Veteran's right and left knee chondromalacia disabilities have not more nearly approximated extremely unfavorable ankylosis of the knees at an angle of 45 degrees or more, and his lumbar spine disability has not more nearly approximated forward flexion of the thoracolumbar spine to 30 degrees or less; therefore, a higher rating was denied.
- Claimed conditions
- Right Knee Chondromalacia, Left Knee Chondromalacia, Chronic Lumbar Pain with Myofascial Muscle Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 15, 2014
- Citation
- 1402045
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 1402045.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 instability rating is restored to 20 percent effective November 1, 2019. The initial disability rating for right knee instability remains denied and the increased disability rating for right knee chondromalacia is granted.
- Denied
The Veteran's claims for increased ratings for his right and left knee conditions have been denied. The current evaluations for the right knee under DC 5260 are 10 percent, while those for the left knee under DCs 5260 and 5261 are noncompensable.
- Denied
The Veteran's service-connected right knee disability is not productive of actual or functional flexion limited to 30 degrees, extension limited to 10 degrees, ankylosis, recurrent subluxation or lateral instability, patellar instability, dislocated semilunar cartilage, symptomatic removal of semilunar cartilage, impairment of the tibia and fibula, medial tibial stress syndrome or shin splints, or genu recurvatum. Therefore, a rating in excess of 10 percent for right knee chondromalacia, to include right knee meniscal tear, residuals of meniscectomy, and residuals of right knee arthroplasty is denied.
- Denied
The Veteran's pes planus, left knee lateral meniscus tear, right knee chondromalacia, and left knee chondromalacia were all denied increased ratings. The Veteran was already in receipt of the maximum schedular rating for his left knee lateral meniscus tear.
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