The reduction of the Veteran's 30 percent rating for left knee limitation of extension was improper, and restoration of the 30 percent rating is granted.
The deciding factor: The examination reports used to reduce the disability rating were inadequate as they did not comply with VA regulations regarding joint testing for pain on both active and passive motion in weight-bearing and non-weight-bearing conditions.
- Claimed conditions
- Left Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- April 3, 2019
- Citation
- 19125070
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 entitled to an earlier effective date of February 29, 2000, for an award of TDIU on an extraschedular basis due to his service-connected back and left knee disabilities.
- Partly granted
The Board granted clothing allowances for a back brace and wheelchair, but denied them for a neck brace, bilateral knee braces, pain medication therapy, cane, and walker.
- Remanded (sent back)
The Veteran's service-connected TBI, bilateral knees, left metatarsal avulsion residuals, left wrist condition, and migraines are being remanded for further evaluation due to the potential worsening of these conditions.,The Veteran's rib/sternum condition, left ankle condition, bilateral shoulder conditions, insomnia, and kidney condition (claimed as rhabdomyolysis) are also being remanded for further evaluation.
- Denied
The Veteran's appeal for increased ratings for left knee conditions has been denied. The highest rating of noncompensable is granted for limitation of extension, a 10 percent rating is granted for limitation of flexion, and no higher rating is granted for instability.
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