The Board found that the April 2006 rating decision which granted separate 10 percent evaluations for DJD of both knees was clearly and unmistakably erroneous due to unlawful pyramiding, as both conditions were predicated on loss of motion.
The deciding factor: Separate ratings for DJD and retropatellar pain syndrome based on painful or limited movement with arthritis constituted unlawful pyramiding because they were both predicated on reduced range of motion.
- Claimed conditions
- Degenerative Joint Disease (DJD), Retropatellar Pain Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 27, 2015
- Citation
- 1503685
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 1503685.
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 cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
- Granted
The Veteran's cause of death is determined to be causally related to his service-connected Degenerative Disc Disease and Degenerative Joint Disease, leading to a liver biopsy. As such, the claim for service connection for the cause of death is granted.
- Dismissed
The Veteran's appeal for service connection for DJD and rotator cuff tear of the left shoulder was dismissed because the VA Form 10182 was not timely filed.
- Remanded (sent back)
The Veteran's appeal for an increased disability rating for his service-connected lumbar spine disabilities is remanded due to a duty-to-assist error in the prior VA examinations.
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