The Veteran's claim for higher initial ratings for DJD of the right knee, instability, and chondromalacia with a meniscal tear is granted. The current rating for DJD remains at 10 percent prior to May 11, 2017 and increases to 30 percent thereafter. A separate 20 percent rating is assigned for instability from March 31, 2009.
The deciding factor: The Veteran's right knee disability warrants three separate evaluations: a rating for DJD with limited motion, a rating for instability, and a third separate rating for chondromalacia with a meniscal tear. The current ratings are based on the severity of symptoms such as pain, functional impairment, and limitation of motion.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the Right Knee, Right Knee Instability, Chondromalacia of the Right Knee with a Meniscal Tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 31, 2020
- Citation
- 20081940
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.
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The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Partly granted
The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected hypertension and an earlier effective date of May 14, 2018, for radiculopathy right lower extremity. Other claims were denied.
- Partly granted
The Board denied a rating higher than 20 percent for right knee limitation of motion but granted a separate 10 percent rating, but no higher, for right knee instability.
- Denied
The Board denied the veteran's claims for increased ratings for right knee limitation of flexion and instability, as the evidence did not support a higher rating under applicable criteria.
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