The Board granted restoration of a 10 percent rating for right knee subluxation and an increased rating of 20 percent, but no higher, for right knee retropatellar pain. The claim for an initial compensable rating for right knee limitation of extension was denied.
The deciding factor: The reduction in the disability rating for right knee subluxation from 10 percent to zero percent was not proper due to a lack of clear evidence of sustained material improvement under the ordinary conditions of life. For the right knee retropatellar pain, the Veteran's symptomatology more nearly approximated flexion limited to 30 degrees.
- Claimed conditions
- Right Knee Subluxation, Right Knee Retropatellar Pain, Right Knee Limitation of Extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2021
- Citation
- 21061539
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 service connection for obstructive sleep apnea and erectile dysfunction, but granted an increased rating of 40 percent for a low back disability (intervertebral disc syndrome) and 20 percent for bilateral lower extremity radiculopathy.
- Granted
The Board granted a 20 percent rating for left knee limitation of extension and a 30 percent rating for right knee limitation of extension from November 2, 2023.
- Partly granted
The Veteran was granted a separate 20 percent rating for right knee instability from February 2, 2010, to May 25, 2010. The Board also remanded the claims for separate ratings for limitation of extension and flexion prior to May 26, 2010.
- Partly granted
The Board granted an initial 40 percent rating for right knee limitation of extension prior to December 7, 2010, and a separate 20 percent rating prior to February 7, 2021, for right knee instability. The ratings in excess of the assigned percentages were denied.
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