The Veteran's appeal for an initial rating in excess of 30 percent for mixed anxiety depressive disorder has been dismissed as the full benefit sought was granted.,The Veteran's appeals for higher ratings for stress fracture of the right tibia with instability and left femur and left tibia stress related phenomena have been denied. The current 20 percent ratings are deemed appropriate based on the evidence of record.,For the periods from October 1, 2012 to February 25, 2016, and April 1, 2016 to October 15, 2018, the Veteran's right knee disability was rated under DC 5003-5260. The current ratings of 10 percent are deemed appropriate based on limitation of motion.,The Veteran's appeal for a higher rating in excess of 10 percent for internal derangement with meniscal tear and degenerative arthritis of the right knee has been denied.

The deciding factor: The May 2020 rating decision granted an initial rating of 70 percent for service-connected mixed anxiety depressive disorder, which constitutes a full grant of benefits sought by the Veteran.,For the entire period on appeal, the Veteran’s right tibia disability has not been manifested by ankylosis or malunion of the tibia and fibula with marked knee or ankle disability. The evidence does not show bilateral malunion of the tibia and fibula.,Throughout the periods on appeal, the Veteran’s right knee motion had been no worse than limitation of flexion to 120 degrees and limitation of extension to 0 degrees, even when considering functional impairment on use or during flares. The criteria for a higher rating are not met as there is no evidence of ankylosis, malunion, or current joint instability.,The Veteran's right knee disability was rated under DC 5003-5260 and the current ratings of 10 percent are deemed appropriate based on limitation of motion. The criteria for a higher rating are not met as there is no evidence of ankylosis, malunion, or current joint instability.

Claimed conditions

Mixed Anxiety Depressive Disorder, Stress Fracture of the Right Tibia with Instability, Left Femur and Left Tibia Stress Related Phenomena, Degenerative Arthritis of the Right Knee

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

August 31, 2020

Citation

20057457

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 20057457.