The Veteran's right knee disability is granted as service connected, but the line of duty determination for his 1975 motor vehicle accident remains under review.
The deciding factor: The motor vehicle accident was determined to be incurred in the line of duty due to lack of fault and no evidence of intoxication.
- Claimed conditions
- Right Knee Internal Derangement, Degenerative Joint Disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180743
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.
- Denied
The Veteran's low back strain with pain and sacroiliitis with degenerative joint disease is currently rated at 20 percent, but the evidence does not meet the criteria for a higher rating.
- Denied
The Veteran's claims for increased ratings and SMC were denied. The left knee disability, including instability with DJD and painful motion, was rated at 30 percent since 1946. A separate 10 percent rating was granted for painful motion of the left knee. Prior to December 30, 2019, a noncompensable rating was assigned for left knee scarring; from that date onwards, a 10 percent rating was granted.
- Granted
The Board has restored a 20% evaluation for the Veteran's service-connected right knee disability effective from October 1, 2015. The reduction was improper due to lack of material improvement in the condition.
- Granted
The Veteran's right knee degenerative arthritis and internal derangement were granted a separate 10% evaluation prior to April 10, 2017. The right post-operative meniscectomy was also granted a separate 10% evaluation during the same period.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.