The Veteran's appeal is granted, with an SMC under 38 U.S.C. § 1114(s) and a separate evaluation for left knee instability added to his current rating. The issues of increased evaluations for the left femur and right elbow disabilities are also addressed.
The deciding factor: The Veteran's acquired psychiatric disability has rendered him unemployable, qualifying him for SMC under 38 U.S.C. § 1114(s). Additionally, a separate evaluation for left knee instability is granted as it has been in place for more than 20 years.
- Claimed conditions
- acquired psychiatric disability, left knee instability, left femur disability, right elbow disability, lumbar spine disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2018
- Citation
- 1803133
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 1803133.
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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claims for service connection for a lumbar spine disability and a muscle condition due to a pre-decisional duty to assist error, as the Veteran did not receive notice of scheduled VA examinations.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
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