The Veteran's current right knee disability, including instability, pain, and limited motion, is proximately caused by a lack of proper skill or errors in judgment on the part of VA during the September 2008 surgery. As such, the criteria for compensation under 38 U.S.C.A. § 1151 have been met.
The deciding factor: The appellant's right knee instability, pain, and limited motion were proximately caused by a lack of proper skill or errors in judgment on the part of VA during the September 2008 surgery, specifically due to the too anterior placement of both the femoral and tibial tunnels and the protruding screw that caused an erosion in the head of the fibula.
- Claimed conditions
- Right knee instability, Right knee pain, Limited right knee motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- March 9, 2015
- Citation
- 1509672
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 1509672.
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 disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Granted
The Veteran's right knee disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for right knee pain and right hip pain due to insufficient medical evidence on file regarding their etiology. The AOJ is required to obtain an adequate opinion from a qualified medical examiner.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate medical opinion regarding the aggravation of a preexisting right knee condition during service. The Veteran's right knee condition was noted prior to service, and the VA examiner concluded it did not worsen beyond its natural progression.
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