The Board denied increased ratings for the Veteran's right and left knee disabilities, but granted separate additional ratings for limitation of extension in both knees.
The deciding factor: The decision was based on the lack of evidence showing flexion limited to 30 degrees or less, which is required for a higher rating under DC 5260. Additionally, the Veteran's symptoms were adequately compensated by the current ratings and the separate additional ratings granted.
- Claimed conditions
- right knee degenerative joint disease, left knee degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 1, 2021
- Citation
- 21061395
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
- Remanded (sent back)
The Board remands the claims for increased ratings for right knee subluxation and degenerative joint disease due to an inadequate addendum opinion.
- Denied
The Board denied the veteran's claims for higher initial ratings for his service-connected bilateral knee disabilities and SMC based on loss of use of the bilateral lower extremities.
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