A rating in excess of 10 percent for the service-connected right knee disorder is denied.,A rating in excess of 30 percent for the service-connected right foot disorder is denied.,An effective date no earlier than June 29, 2011 for a 100 percent rating for posttraumatic stress disorder (PTSD) is granted.,An effective date no earlier than September 30, 2009 for the award of a total disability rating based on individual unemployability due to service-connected disability (TDIU) is granted.,An effective date no earlier than September 30, 2009 for basic eligibility for education benefits under Chapter 35, Title 38, United States Code (Dependents’ Educational Assistance (DEA)) is granted.

The deciding factor: The Veteran's service-connected right knee disorder does not meet the criteria for a higher rating based on limitation of motion or other functional loss. The current 10 percent rating adequately reflects his symptoms.,The Veteran’s service-connected right foot disorder has been evaluated at its maximum schedular rating (30%) and there is no evidence of additional disability warranting a higher evaluation.,During the one-year period prior to June 29, 2011, it was factually ascertainable that the Veteran satisfied the criteria for a 100 percent rating for PTSD. Therefore, an effective date no earlier than June 29, 2011 is granted.,From September 30, 2009 to June 29, 2011, the Veteran's combined disability rating was sufficient to qualify him for TDIU and DEA benefits. Therefore, an effective date no earlier than September 30, 2009 is granted.,The basic eligibility criteria for education benefits under Chapter 35 (DEA) have been met as of September 30, 2009.

Claimed conditions

Right Knee Sprain, Traumatic Arthritis of Right Foot (Right Foot Disorder)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

100%

Decision date

October 10, 2019

Citation

19177882