The Veteran's back disability was granted a 40 percent rating from July 28, 2010 to July 24, 2020, and the right knee instability was granted a separate 10 percent rating from that same date. The claims for increased ratings for the back and knees were denied.
The deciding factor: The decision was based on the severity of pain and functional impairment during flare-ups, which warranted higher ratings in some cases but not others.
- Claimed conditions
- Degenerative disk disease of the lumbar spine, Left patellofemoral pain syndrome, Right patellofemoral pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2021
- Citation
- 21062220
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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for lumbar spine disability to schedule a VA examination to determine if the Veteran has intervertebral disc syndrome (IVDS) and, if so, whether he has required bed rest prescribed by a physician during any 12-month period.
- Granted
The Veteran's right and left knee disabilities are rated based on limitation of motion, with separate ratings for each knee. The right knee is now rated at 30 percent after July 29, 2019.
- Remanded (sent back)
The Board has remanded the case due to incomplete VA records and the need for a new VA examination to determine the nature and etiology of the Veteran's back condition(s).
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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