The Veteran's right knee replacement is rated at 30% prior to December 5, 2016 and 60% thereafter. A separate 10% rating for right knee instability from July 27, 2011 to December 4, 2016 is granted. An initial rating higher than 10% for left knee ACL instability prior to December 5, 2016 and higher than 20% thereafter is denied. A rating higher than 10% for limitation of flexion associated with left knee arthritis prior to June 3, 2013 is denied. A 30% rating for left knee limitation of flexion from June 3, 2013 to December 4, 2016 is granted. A rating higher than 30% for left knee limitation of extension from June 3, 2013 and higher than 50% from December 5, 2016 is denied. Entitlement to a TDIU from January 1, 2014 is granted.
The deciding factor: The Veteran's right knee replacement disability has been rated based on the criteria for knee replacements (DC 5055), with a maximum rating of 60% due to the amputation rule. The left knee arthritis and instability have been rated under DCs 5257, 5260, and 5261.
- Claimed conditions
- Right Total Knee Replacement, Left Knee Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 18, 2019
- Citation
- 19104706
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 is granted a total disability rating based on individual unemployability (TDIU) effective February 19, 2015.
- Partly granted
The Board granted the direct payment of attorney fees for service connection and increased evaluation of OSA with asthma, but denied it for other conditions.
- Partly granted
The Board granted an evaluation of 20 percent, but not in excess thereof, from February 13, 2009 to February 28, 2017 for left knee arthritis manifested by dislocation of the semilunar cartilage with frequent episodes of 'locking' pain and effusion into the joint. The Board also granted an evaluation of 10 percent, but not in excess thereof, from February 28, 2017 to January 7, 2018 for left knee instability.
- Partly granted
The Board denied service connection for various conditions and granted an initial 20 percent rating for right lower extremity deep vein thrombosis, while remanding several other issues.
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