The Veteran's claims for increased ratings and TDIU were denied. The Board found that the right knee instability warranted a 20 percent rating, but not higher; postoperative fracture of the supracondylar (limited extension) and arthritis from June 20, 2012 warranted no more than a 40 percent rating; arthritis from December 7, 2000 to June 20, 2012 was rated at 10 percent. The effective date for TDIU prior to January 16, 2014 was not addressed.
The deciding factor: The Board determined that the Veteran's right knee instability did not warrant a higher rating as it did not meet the criteria for moderate recurrent subluxation or lateral instability (Diagnostic Code 5257). The postoperative fracture of the supracondylar and arthritis from June 20, 2012 warranted no more than a 40 percent rating based on limitation of extension. Arthritis from December 7, 2000 to June 20, 2012 was rated at 10 percent as it did not meet the criteria for higher ratings due to additional compensable symptomatology.
- Claimed conditions
- Postoperative residuals of fracture of the supracondylar of the right knee, Arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2017
- Citation
- 1758044
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 1758044.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for further development and clarification regarding the severity of the Veteran's left knee and right knee disabilities, specifically to determine if the Veteran has experienced 'the functional equivalent of range of motion loss contemplated by the next higher rating' at any point during the appeal period.
- Partly granted
The Board granted service connection for an acquired psychiatric disability, degenerative arthritis of the lumbar spine, and bilateral tinnitus. The claim for an initial rating in excess of 10 percent for bilateral plantar fasciitis was denied. Other claims were either granted or remanded.
- Denied
The Board denied service connection for a left knee disability and a right knee disability, finding that the Veteran's arthritis of both knees is not related to an injury or disease incurred in active service and has not been caused or aggravated by a service-connected disability.
- Granted
The Board granted service connection for multiple back and joint disabilities, resolving all reasonable doubt in the Veteran's favor.
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