The Veteran's TDIU claim is granted, effective October 20, 2015. The new and material evidence issue regarding bilateral hearing loss has been recharacterized to reflect the new evidentiary standard under the AMA. The left knee increased rating appeal is denied as there is no severe recurrent subluxation or lateral instability of the left knee.
The deciding factor: The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment, with significant occupational impairment due to his service-connected disabilities including left knee disability and PTSD. The evidence did not show severe recurrent subluxation or lateral instability of the left knee.
- Claimed conditions
- Patellar subluxation of the left knee, Degenerative joint disease of the left knee, Left-hand fracture, Left knee scar
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- April 5, 2019
- Citation
- A19000262
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 increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Remanded (sent back)
The Board remands the claims for further development to ensure that the severity of the Veteran's bilateral knee disability is accurately assessed without considering the ameliorative effects of medication.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance, effective December 8, 2025.
- Partly granted
The Board denied an initial rating in excess of 10 percent for bilateral plantar fasciitis but granted a 10 percent rating, but not greater, for right and left knee scars.
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