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
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19180908.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Dismissed
The Veteran's appeal for service connection for posttraumatic stress disorder and major depressive disorder has been dismissed as the appellant requested withdrawal of the appeal.
- Remanded (sent back)
The Board has granted service connection for prostate cancer but remanded the claim for PTSD due to insufficient verification of stressor incidents.
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