The Veteran's appeal for a TDIU was withdrawn. For the left knee, a rating in excess of 20 percent is not warranted from May 20, 2015 to November 7, 2018. For the right knee, a separate rating of 10 percent for recurrent subluxation or lateral instability is granted from November 7, 2018.
The deciding factor: The Veteran's left knee flexion was limited to 95 degrees and extension was normal. The right knee had limitation of flexion at 15 degrees with pain and limitation of extension at 20 degrees with pain. These findings did not meet the criteria for higher ratings under any applicable diagnostic codes.
- Claimed conditions
- Left Knee Chondromalacia, Right Knee Limitation of Extension and Recurrent Subluxation/Lateral Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 25, 2020
- Citation
- 20075639
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 20075639.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for increased ratings for his right and left knee conditions have been denied. The current evaluations for the right knee under DC 5260 are 10 percent, while those for the left knee under DCs 5260 and 5261 are noncompensable.
- Denied
The Veteran's pes planus, left knee lateral meniscus tear, right knee chondromalacia, and left knee chondromalacia were all denied increased ratings. The Veteran was already in receipt of the maximum schedular rating for his left knee lateral meniscus tear.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a rating in excess of 10 percent for left knee chondromalacia status post plica surgery due to inadequate examination findings. The Veteran is also seeking an increased rating for his left knee instability, and he should be afforded another VA examination to correct this pre-decisional duty to assist error.
- Denied
The Veteran's claims for increased ratings for various orthopedic conditions, including right shoulder osteoarthritis with impingement syndrome, left knee and hip chondromalacia, left ankle tendonitis, major depressive disorder, bilateral stress fractures, and a residual fracture of the right middle finger have been denied.,The Veteran's claims for earlier effective dates for awards related to housebound status, Dependents' Educational Assistance under 38 U.S.C. Chapter 35, and Total Disability Rating based on Individual Unemployability (TDIU) have also been granted.
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