A rating of 10 percent, but no higher, for left knee ACL tear and arthroscopic surgery repair with scarring osteoarthritis is granted.,A rating in excess of 30 percent for bilateral plantar fasciitis is denied.,The residuals of fractured left tibia service connection issue is remanded.
The deciding factor: The evidence does not meet the criteria for a higher rating based on instability or subluxation, and arthritis alone with noncompensable limitation of motion does not warrant a higher rating under Diagnostic Code 5003.,The Veteran's bilateral plantar fasciitis has not manifested by pronounced symptoms as required by Diagnostic Code 5276.,Further development is necessary to determine whether the fracture arose during a period of service.
- Claimed conditions
- left knee ACL tear, bilateral plantar fasciitis, fractured left tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150304
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a separate rating of 10 percent for bilateral plantar fasciitis effective February 1, 2023.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
- Denied
The Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as higher levels of special monthly compensation.
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