The Veteran's low back disability is currently rated at 40% and his left knee disability is rated at 10%. The Board found that a higher rating was not warranted for either condition during the period on appeal.
The deciding factor: The evidence did not show unfavorable ankylosis of the thoracolumbar spine or any other basis to warrant a higher rating for the low back disability. For the left knee, there were no episodes of frequent dislocation of the semilunar cartilage with recurrent effusion that would support a separate 30% evaluation.
- Claimed conditions
- Low back disability, Left knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 31, 2020
- Citation
- 20081919
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 granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
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