The Veteran's cervical spine disability is granted service connection. An initial separate rating of at least 10 percent for right knee instability and a separate 20 percent rating for right knee locking symptoms are granted. The Veteran's appeal regarding ratings in excess of the assigned percentages for right knee instability and limitation of motion of the right knee is remanded.
The deciding factor: The Veteran provided competent, credible testimony of her cervical spine disability onset during service and has experienced recurrent symptoms since then. For the right knee issues, the Veteran reported frequent episodes of joint locking in service records and testified to persistent symptoms over time. The VA examiner confirmed these findings with physical examination results.
- Claimed conditions
- Cervical spine disability, Right knee instability, Right knee locking
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 4, 2019
- Citation
- 19176928
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.
- Partly granted
The Board granted a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Denied
The Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
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