The Board granted increased ratings of 50% for each knee, but failed to address the Veteran's claim for special monthly compensation (SMC) based on loss of use of his legs preventing natural knee action.
The deciding factor: The Board incorrectly applied statutory and regulatory provisions in effect at the time by failing to explicitly adjudicate an inferred SMC claim due to the Veteran's service-connected knees resulting in loss of use of his lower extremities.
- Claimed conditions
- right knee osteochondritis dissecans, left knee osteochondritis dissecans
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 2, 2019
- Citation
- 19100236
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.
- Granted
The veteran's claim for an earlier effective date for service connection of right knee osteochondritis dissecans was granted, with the effective date set to May 16, 1969.
- Denied
The veteran's right knee osteochondritis dissecans, by X-ray, has not manifested symptoms that would warrant a rating in excess of 10 percent.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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