The Veteran's right knee disability and depressive disorder have been granted service connection, but his tinnitus and left knee disability status post total arthroplasty remain at the maximum schedular rating. The Veteran has had issues remanded for further evaluation of obstructive sleep apnea and bilateral cataracts.
The deciding factor: The Veteran's right knee condition was not shown as chronic in service or within a presumptive period, did not manifest to a compensable degree within a presumptive period, and was not noted in service with attributable continuity of symptomatology. The left knee disability status post total arthroplasty has been assigned the maximum schedular rating.
- Claimed conditions
- Depressive Disorder, Right Knee Degenerative Joint Disease
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 7, 2019
- Citation
- 19109397
Veterans Law Judge
Decisions by this judge: 1,820 · Granted: 26% (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 19109397.
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- Remanded (sent back)
The Veteran's service-connected Depressive Disorder is causing him to require regular assistance in keeping himself clean and presentable, which may qualify him for special monthly compensation based on need for aid and attendance. The case is being remanded to schedule a VA examination to assess this issue.
- Granted
The Veteran's depressive disorder is rated at 70 percent, effective from the date of service connection (January 23, 2020), due to occupational and social impairment with deficiencies in most areas.
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