The Veteran's right knee meniscal tear disability is currently rated at 20 percent under the schedular criteria. The Board has granted an extraschedular rating of 30 percent, finding marked interference with employment and not all of his symptoms are contemplated by the schedular criteria.
The deciding factor: The Veteran's symptoms (intensity of flare-ups and popping) reflect marked impairment and are of sufficient significance to warrant an additional 10 percent, but not more, for the Veteran’s disability.
- Claimed conditions
- right knee meniscal tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 23, 2020
- Citation
- 20074874
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 Board denied a disability rating in excess of 10 percent for right knee meniscal tear with degenerative arthritis and granted a separate 20 percent rating for right knee instability.
- Remanded (sent back)
The Board remands the claim for a higher rating for right knee strain to ensure that the estimated range of motion provided for repeated use over time and during flare-ups is sufficient for rating purposes.
- Remanded (sent back)
The Board remands the matter for a retrospective opinion regarding the severity of the Veteran's right knee disability during flare-ups and an addendum opinion addressing whether the Veteran's right knee strain is directly related to his service.
- Denied
The Board denied service connection for diabetes, bilateral hearing loss, a right knee scar, chronic fatigue syndrome, an upper respiratory disability, a left leg neurological disability, and a rating in excess of 10 percent for a right knee meniscal tear.
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