The Veteran's right knee disability was rated at 20 percent for moderate recurrent subluxation or lateral instability. The RO reduced the rating to 10 percent effective January 19, 2021, based on painful motion of the knee under 38 C.F.R. § 4.59. The reduction is granted as it was not proper and void ab initio.
The deciding factor: The RO failed to address whether there was an actual improvement in the Veteran's ability to function under the ordinary conditions of life and work, which is required by 38 C.F.R. § 3.344 when a rating reduction is at issue for a disability that has been in effect for more than five years.
- Claimed conditions
- Chondromalacia of the right patella, Right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 23, 2022
- Citation
- 22030340
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 22030340.
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.
- Granted
The Veteran's right knee disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Granted
The Veteran's right knee disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Granted
The Board has granted effective dates of June 17, 2010 for service connection and separate ratings for right knee instability and left knee instability.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate medical opinion regarding the aggravation of a preexisting right knee condition during service. The Veteran's right knee condition was noted prior to service, and the VA examiner concluded it did not worsen beyond its natural progression.
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