The Board found that the reduction in evaluation from 40 percent to 30 percent for service-connected right knee disability was improper and restored the original 40 percent rating.
The deciding factor: The decision is based on the failure of prior VA decisions to factor the Veteran's preexisting 10 percent level of impairment, which resulted in an error that cannot be clear and unmistakable error (CUE).
- Claimed conditions
- Right knee arthritis, Right knee laxity, Right knee limited extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 26, 2015
- Citation
- 1527476
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 1527476.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right leg/knee condition is related to service, including a preexisting condition. The Veteran provided testimony and new medical records that may be relevant.
- Dismissed
The Veteran's appeal was dismissed as she withdrew her appeal prior to the Board making a decision.
- Granted
The Board has granted service connection for degenerative arthritis of the lumbar spine, right knee arthritis, and left knee arthritis. The claims for PTSD and radiculopathy are remanded.
- Remanded (sent back)
The Board has determined that additional evidence is needed to determine the severity of the Veteran's right knee conditions, specifically regarding the ameliorative effects of medications used for pain management. The case is being remanded to obtain a VA medical opinion addressing these issues.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.