The Board has restored a 30 percent evaluation for service-connected left knee instability, effective January 1, 2019. The Veteran's previous 30 percent rating was reduced to 10 percent in an October 2018 decision due to the absence of improvement in his ability to function under ordinary conditions.
The deciding factor: The Board found that there had not been an actual improvement in the Veteran’s ability to function under ordinary conditions, despite a finding of slight instability on examination. The RO failed to consider objective evidence and the Veteran's subjective reports of functional impairment during flare-ups.
- Claimed conditions
- left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 28, 2020
- Citation
- 20007013
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.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- Denied
The Board denied restoration of the 30 percent ratings for left knee arthritis (flexion), left knee strain arthritis (extension), and left knee instability, as well as a 20 percent rating for left ankle chronic sprain. The Veteran's claims for increased ratings were also denied.
- Partly granted
The Board granted service connection for right knee gout and a rating of 50 percent for the Veteran's right wrist condition, while remanding several other issues related to his knees and instability.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.