The Veteran's knee disabilities, including medial collateral ligament instability of the right knee and osteoarthritis of the left knee, are currently rated at 20 percent each. The Board denied increased ratings for these conditions as they do not meet the criteria for higher disability ratings based on limitation of motion or instability.
The deciding factor: The Veteran's knee disabilities have been evaluated under Diagnostic Codes that consider both limitation of motion and instability. However, his range of motion has not met the criteria for higher disability ratings (e.g., 30 percent for severe recurrent subluxation or severe lateral instability).
- Claimed conditions
- Medial collateral ligament instability of the right knee, Degenerative joint disease of the right knee, Osteoarthritis of the left knee, Instability of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- 20067645
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for further development to ensure that the severity of the Veteran's bilateral knee disability is accurately assessed without considering the ameliorative effects of medication.
- Granted
The Board granted increased ratings for the Veteran's degenerative spondylosis at L5-S1, left and right shoulder disabilities, left and right knee disabilities, and depressive disorder.
- Denied
The Board denied the claim for a disability rating in excess of 10 percent for degenerative joint disease of the right knee based on the evidence showing limitation of flexion to 135 degrees and extension to 5 degrees, which did not meet the criteria for a higher rating.
- Remanded (sent back)
The claims for higher initial ratings for degenerative arthritis of the lumbar spine, osteoarthritis of the right and left knees, and left ankle strain are remanded due to inadequate VA compensation examination reports.
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