The Veteran is granted a separate 10 percent rating for slight instability of the right knee, and his existing 10 percent rating for painful flexion of the right knee remains unchanged.
The deciding factor: The Veteran's right knee instability was found to be at least in equipoise with his reports, warranting a separate rating under DC 5257.
- Claimed conditions
- right knee internal derangement, traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 23, 2020
- Citation
- 20005751
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.
- Partly granted
The Veteran was granted a separate compensable evaluation for right knee instability, with a 20 percent rating throughout the appeal period. The initial evaluation in excess of 10 percent prior to March 26, 2024, and in excess of 20 percent thereafter for right knee internal derangement was denied.
- Partly granted
The Board denied a rating greater than 10 percent for right knee internal derangement, chondromalacia, and degenerative arthritis with painful motion, denied a compensable rating for the same condition with limited extension, but granted a 10 percent rating for right lateral knee instability.
- Remanded (sent back)
The Board remands the claim for a right knee disability, to include as secondary to service-connected disabilities, due to an inadequate VA examination and duty-to-assist errors.
- Remanded (sent back)
The Board remands the claims for an increased initial rating for right knee and back disabilities, bilateral lower extremity radiculopathy, and service connection for obstructive sleep apnea due to inadequate medical examinations and opinions.
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