The Veteran's right knee instability and degenerative joint disease are rated at 30 percent, while his degenerative disc disease of the lumbar spine is rated at 10 percent. The Veteran was granted a TDIU based on service-connected disabilities.
The deciding factor: The Veteran’s right knee conditions were found to meet criteria for a 30% rating under Diagnostic Code 5257 (severe lateral instability) and a 10% rating under Diagnostic Codes 5260 and 5261 (limitation of flexion and extension). The Veteran's degenerative disc disease of the lumbar spine was found to meet criteria for a 10% rating. The TDIU was granted based on service-connected disabilities.
- Claimed conditions
- Right Knee Instability, Degenerative Joint Disease of the Right Knee, Degenerative Disc Disease of the Lumbar Spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 8, 2019
- Citation
- 19177552
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 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Partly granted
The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected hypertension and an earlier effective date of May 14, 2018, for radiculopathy right lower extremity. Other claims were denied.
- Partly granted
The Board denied a rating higher than 20 percent for right knee limitation of motion but granted a separate 10 percent rating, but no higher, for right knee instability.
- Denied
The Board denied the claim for an initial rating in excess of 30 percent for posttraumatic stress disorder due to a lack of new and relevant evidence, and remanded the claim for an increased rating for degenerative disc disease of the lumbar spine for further development.
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