The Veteran's 40% rating for left knee moderate osteoarthritis has been restored, effective August 1, 2011. The appeal regarding an effective date prior to August 1, 2011 is dismissed as moot due to the restoration of the 40% rating. The case is remanded for a new VA examination to assess the current severity of his service-connected knee disability.
The deciding factor: The Veteran's April 2010 VA examination used to support the reduction was inadequate, failing to include range of motion testing in passive and weight-bearing/non-weight-bearing circumstances as required by Correia v. McDonald (28 Vet. App. 158).
- Claimed conditions
- left knee moderate osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 6, 2018
- Citation
- 18155744
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 18155744.
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
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