The reductions of the disability ratings for the service-connected left knee unicompartmental arthroplasty with osteoarthritis and residual scar, the service-connected left knee limitation of extension, and the service-connected left lower extremity radiculopathy are void ab initio. The 20 percent rating for the service-connected left knee unicompartmental arthroplasty with osteoarthritis and residual scar, the 10 percent rating for the service-connected left knee limitation of extension, and the 10 percent rating for the service-connected left lower extremity radiculopathy are restored as though the reductions had not occurred.
The deciding factor: The provisions of 38 C.F.R. § 3.344 were not considered in the reduction decisions, which rendered them void ab initio.
- Claimed conditions
- left knee unicompartmental arthroplasty with osteoarthritis and residual scar, left knee limitation of extension, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 5, 2015
- Citation
- 1519147
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 1519147.
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 Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Denied
The Board has determined that the Veteran does not have left lower extremity radiculopathy or any related symptoms causing impairment in earning capacity during the appeal period, and therefore service connection for this condition is denied.
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