The Veteran's left knee disability, including semilunar cartilage condition, limitation of extension, and instability, is rated at a combined 60 percent from May 25, 2010. A TDIU is granted effective January 31, 2011.
The deciding factor: The Veteran's left knee disability meets the criteria for separate ratings under DCs 5258 (semilunar cartilage condition), 5261 (limitation of extension), and 5257 (instability). The combined rating is subject to the amputation rule, as all disabilities are at or below the level of the knee. A TDIU is granted due to marginal employment in protected work environment.
- Claimed conditions
- left knee semilunar cartilage condition, left knee degenerative joint disease, left leg shrapnel wound with healed fracture of the tibia and fibula, left lower extremity scar, left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 30, 2020
- Citation
- 20007967
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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