The Veteran's arthritis of the right knee is rated at 30% prior to February 5, 2015 and at 40% from that date. The Veteran also has instability in his right knee which warrants a separate 10% rating. Service connection for left knee disability was denied.
The deciding factor: The Veteran's arthritis of the right knee is rated based on limitation of motion, with extension limited to 30 degrees during flare-ups warranting a 40% evaluation. Instability in the right knee warrants a separate 10% rating.
- 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
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.
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