The Veteran's claim for a higher initial rating for right knee instability is denied as the evidence does not more nearly approximate moderate recurrent instability or subluxation. The issue of entitlement to TDIU due to service-connected disability is granted, subject to controlling regulations governing the payment of monetary awards.
The deciding factor: The medical evidence does not reflect recurrent subluxation or lateral instability in either knee under DC 5257 and the Veteran's symptoms do not more nearly approximate moderate instability.
- Claimed conditions
- right thigh muscle injury with severe internal derangement, migraines, posttraumatic stress disorder, lumbar strain, complex regional pain syndrome of the right thigh, left knee patellofemoral syndrome associated with right thigh muscle injury with severe internal derangement, left hip tendonitis, tendonitis of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 24, 2019
- Citation
- 19180908
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
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