The Veteran's service-connected left knee disability is granted. An initial rating of 10 percent for nephrolithiasis is granted from October 1, 2013. The neck disability remains at a 20 percent rating throughout the appeal. Right knee arthritis and right knee instability are each rated at 10 percent. A separate 10 percent rating is granted for symptomatic residuals of a right knee meniscectomy. An effective date of October 1, 2013, but no earlier, is assigned for the award of a separate 10 percent rating for right knee instability.
The deciding factor: The Veteran's service-connected disabilities are rated based on their current manifestations and do not meet criteria for higher ratings under applicable diagnostic codes. Separate ratings were granted for symptomatic residuals of a meniscectomy and right knee instability, consistent with the Veteran's reports and medical evidence.
- Claimed conditions
- left knee disability, nephrolithiasis (kidney stones), neck disability, right knee arthritis, symptomatic residuals of a right knee meniscectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 13, 2019
- Citation
- 19185340
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 Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied service connection for somatic symptom disorder, respiratory disorders (including COPD), nephrolithiasis, deviated nasal septum, and higher initial disability ratings for PTSD with unspecified depressive disorder with anxious distress and GERD, hiatal hernia, reflux esophagitis, Barrett's esophagus.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
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