The Veteran's patellar tendinitis of the left knee is currently rated at 10 percent, and his limitation of flexion of the right knee from July 29, 2007 to June 13, 2018 is also rated at 10 percent. The Veteran's degenerative joint disease (post-anterior cruciate ligament reconstruction) of the right knee was granted a higher rating of 20 percent since March 3, 2015. However, his instability of the right knee remains rated as 10 percent.
The deciding factor: The Veteran’s patellar tendinitis and limitation of flexion of the right knee do not meet the criteria for a higher disability rating under the applicable diagnostic codes due to lack of objective evidence of incapacitating exacerbations or significant functional impairment. The instability of the right knee is rated separately as per VA regulations.
- Claimed conditions
- Patellar Tendinitis, Degenerative Joint Disease (Post-Anterior Cruciate Ligament Reconstruction)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2018
- Citation
- 18161040
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 18161040.
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.
- Granted
The Veteran's service-connected disabilities, including PTSD, right and left knee conditions, patellar tendinitis, and tinnitus, preclude him from obtaining or maintaining substantially gainful employment. As a result, the Board has granted a total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Board has remanded the case due to inadequate VA medical opinions regarding direct and secondary service connection for a left knee disability. The Veteran's in-service knee pain and injuries need to be evaluated, along with his service-connected right knee and low back disabilities.
- Denied
The Board has determined that the Veteran's right knee strain did not manifest during service or within one year of discharge, and there is no evidence to support a finding of continuity of symptomatology. The condition resolved over time and was not caused by any aspect of active service.
- Partly granted
The Veteran's initial claim for a higher rating for his left knee disability was granted, but the RO discontinued the evaluation of the left knee based on degenerative joint disease and instead evaluated it as residuals of total left knee replacement. The Veteran appealed this decision, and the Board is considering whether he should receive staged ratings or an increased rating.
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