The Veteran's arthritis of the right knee is rated at 30 percent prior to February 5, 2015 and at 40 percent from that date. The Veteran also has instability with muscle atrophy of the right knee which warrants a separate 10 percent rating. Service connection for a left knee disability was denied.
The deciding factor: The Veteran's arthritis of the right knee is rated based on limitation of motion, specifically extension and flexion, as well as instability. The most recent examination showed limited extension to 30 degrees during flare-ups, warranting a 40 percent rating under Diagnostic Code 5261.
- Claimed conditions
- Arthritis of the right knee, Muscle atrophy in the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 18, 2019
- Citation
- 19104720
Veterans Law Judge
Decisions by this judge: 1,515 · Granted: 20% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19104720.
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 further development and clarification regarding the severity of the Veteran's left knee and right knee disabilities, specifically to determine if the Veteran has experienced 'the functional equivalent of range of motion loss contemplated by the next higher rating' at any point during the appeal period.
- Partly granted
The Board granted service connection for an acquired psychiatric disability, degenerative arthritis of the lumbar spine, and bilateral tinnitus. The claim for an initial rating in excess of 10 percent for bilateral plantar fasciitis was denied. Other claims were either granted or remanded.
- Denied
The Board denied service connection for a left knee disability and a right knee disability, finding that the Veteran's arthritis of both knees is not related to an injury or disease incurred in active service and has not been caused or aggravated by a service-connected disability.
- Granted
The Board granted service connection for multiple back and joint disabilities, resolving all reasonable doubt in the Veteran's favor.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.