The Veteran's claim for a higher rating prior to his right knee replacement was denied as the current 10 percent rating adequately compensates for his symptoms, including pain. The issue of increased rating after surgery is remanded.
The deciding factor: The pre-surgical condition did not warrant a higher rating due to the presence of symptomatic removal of semilunar cartilage which already accounts for the Veteran's disability.
- Claimed conditions
- Right knee meniscus tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 11, 2018
- Citation
- 18156858
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 18156858.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a higher rating for right knee degenerative arthritis based on limitation of motion was denied. A separate 20 percent rating for a right knee meniscus tear is granted. The claims for service connection for left hip condition and right foot gout are dismissed.
- Granted
The Veteran's right knee surgery on January 21, 2020, requiring at least one month of convalescence is granted for a temporary total rating.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including plantar fasciitis of both feet, a low back disability, a left ankle disability, meniscus tears in both knees, and hip disabilities, as additional development is necessary to obtain adequate medical opinions.
- Remanded (sent back)
The Board remands the claims for service connection and increased rating to afford the Veteran an opportunity to attend examinations.
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