The Board has restored a 40 percent rating for the Veteran's service-connected right knee replacement, effective February 1, 2013. The decision is based on evidence showing improvement in the disability but not an improvement in the Veteran's ability to function under ordinary conditions of life and work.
The deciding factor: The reduction was upheld because there was actual improvement in the disability, but no improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Claimed conditions
- Right Knee Replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 11, 2019
- Citation
- 19102571
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 the Veteran's claims for an initial rating in excess of 60 percent for right knee replacement, special monthly compensation based on the need for regular aid and attendance of another person, and a total disability rating for individual unemployability.
- Remanded (sent back)
The Board has remanded the case due to a need for a new VA examination and re-adjudication of the claim, including obtaining updated employment information or Social Security Administration disability benefits information.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for multiple sclerosis, left hip replacement, right knee replacement, spine disability, erectile dysfunction, and ulcerative colitis due to further development being necessary.
- Remanded (sent back)
The Veteran's right knee replacement has been rated at 60 percent since September 1, 2009. The Board found that the Veteran is entitled to this rating based on severe chronic residuals of pain and weakness in his right knee. However, the matter of entitlement to TDIU remains pending as it was remanded for further development.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.