The Board has determined that there was clear and unmistakable error in the November 2012 rating decision, which assigned a noncompensable rating for right knee chondromalacia. The decision is now reversed with an initial compensable rating of 10 percent effective August 31, 2012.
The deciding factor: The failure to consider the June 2012 VA examination report which noted painful motion and functional loss due to pain during flareups led to a CUE in the November 2012 rating decision.
- Claimed conditions
- Right knee chondromalacia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 8, 2021
- Citation
- A21019586
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 A21019586.
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.
- Remanded (sent back)
The Veteran's right knee disability is being remanded for further evaluation due to insufficient medical opinion regarding its onset and etiology.
- Denied
The Veteran's claim for higher ratings for his right knee disability from April 16, 2013 to March 15, 2016 was denied as the evidence did not show flexion limited to 30 degrees or more.
- Remanded (sent back)
The Board remands the claims for further development and readjudication due to non-compliance with previous remand instructions.
- Denied
The Board denied disability ratings in excess of the current 20 percent for degenerative disc disease and intervertebral disc syndrome of the lumbar spine post laminectomy, 20 percent for residuals of a fractured right clavicle, 10 percent for right knee chondromalacia, and 10 percent for residuals of a right wrist fracture.
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