The Veteran's left knee disability, including post-operative residuals and degenerative arthritis, is rated at 20 percent effective April 14, 2009. The appeal for an increased rating was denied, but the restoration of the prior 20 percent rating is granted.
The deciding factor: The evidence did not clearly and unmistakably show that the Veteran was not entitled to a 20 percent rating at the time of the November 2009 rating decision.
- Claimed conditions
- Left Knee Post-Operative Residuals with Meniscal Impairment, Degenerative Arthritis of the Left Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 8, 2019
- Citation
- 19101658
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.
- Remanded (sent back)
The Board remands the claims for service connection and initial disability ratings for obstructive sleep apnea, degenerative arthritis of the left knee, and degenerative arthritis of the right knee to correct duty to assist errors.
- Denied
The Board denied increased ratings for the Veteran's intervertebral disc syndrome, bilateral lower extremity radiculopathy, and bilateral knee degenerative arthritis, as well as left ankle strain.
- Denied
The Board denied the claims for service connection and an initial compensable evaluation, finding that the evidence did not support a diagnosis of bilateral hearing loss disability or sleep apnea related to service. The Veteran's hemorrhoids were found to be noncompensable.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for psychiatric disability, including PTSD, and for increased ratings for his left knee disabilities due to inadequate opinions in the April 2019 VA examination. The Veteran is also requested to provide additional treatment records from various sources.
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