The Veteran's right knee instability is granted a separate 10 percent rating.,Ratings for the Veteran's right and left knee patellar chondromalacia with arthritis are denied as they do not meet the criteria for higher ratings.,Service connection for CFS is denied.,The claim for reopening of service connection for bilateral hearing loss disability is granted, but a new rating will be determined based on additional evidence.
The deciding factor: The Veteran has slight instability in his right knee which warrants a separate 10 percent rating under DC 5257.,There is no objective evidence of flexion or extension limitation that would warrant higher ratings for the Veteran's patellar chondromalacia with arthritis in both knees.,Service connection cannot be established as there is no evidence of CFS related to military service.,The additional evidence submitted does not provide new and material information to reopen the claim for bilateral hearing loss disability.
- Claimed conditions
- right knee instability, right knee patella chondromalacia with arthritis, left knee patella chondromalacia with arthritis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 7, 2019
- Citation
- 19135470
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (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 19135470.
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.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Remanded (sent back)
The Board has determined that the July 2024 fee decision is incomplete and does not properly identify the full issue at the center of the present appeal, including the specific amount of past-due benefits awarded and the amount withheld for fees. The case is therefore being remanded to provide a corrected fee decision.
- Dismissed
The Board has dismissed the appeal due to the Veteran's death, and no one has requested substitution for the Veteran.
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