The Veteran's right fifth metacarpal fracture is currently rated at 0 percent, which is denied.,The Veteran's right knee limitation of flexion is currently rated at 10 percent, which is denied as higher than what is warranted.,A separate 10 percent rating for instability of the right knee effective from July 5, 2010 is granted.
The deciding factor: The Veteran's right fifth metacarpal fracture does not result in any compensable limitation of motion as per DC 5230.,The Veteran's range of flexion for the right knee was never limited to 30 degrees, which is required for a higher rating under DC 5260. The Veteran also has instability that warrants a separate 10 percent rating effective from July 5, 2010.,Right knee instability results in impairment consistent with a 10 percent rating, but not higher as per DC 5257.
- Claimed conditions
- Right fifth metacarpal fracture, Right knee limitation of flexion, Right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180763
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
- Partly granted
The Board granted a 30 percent rating for right knee instability and a 20 percent rating for painful and/or limited motion of the right knee, but denied a higher rating for degenerative arthritis of the right knee.
- Denied
The Board denied ratings in excess of 10 percent for the veteran's left hamstring and right knee conditions, as well as a TDIU claim.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for left and right knee instability and limitation of flexion due to an inadequate VA examination.
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