The Veteran's residuals of fracture left thumb (non-dominant) are rated at 10 percent based on painful motion. The appeal for a higher rating is denied.,The reduction in the disability rating for left knee instability from 10 percent to noncompensable without material improvement was improper, and restoration of the 10 percent rating is granted for the period from January 1, 2017 to May 1, 2022. The appeal for a higher rating since May 2, 2022 is denied.,Prior to May 2, 2022, the Veteran's left knee disability was manifested by no worse than flexion of 95 degrees with normal extension and slight instability. Since May 2, 2022, his disability is manifested by no worse than flexion limited to 20 degrees, extension limited to 10 degrees, and persistent instability due to an incomplete/partial ligament tear. The appeal for a higher rating since May 2, 2022 is denied.,For the entire period on appeal, the Veteran's bilateral hearing loss did not undergo actual improvement under ordinary conditions of life. The appeals for increased ratings are denied.
The deciding factor: The evidence does not show symptoms more nearly approximating limitation of motion of the right thumb with a gap of more than 2 inches (5.1 cm) between the thumb pad and the fingers, with the thumb attempting to oppose the fingers.,The reduction in the disability rating for left knee instability from 10 percent to noncompensable without material improvement was improper, and restoration of the 10 percent rating is granted for the period from January 1, 2017 to May 1, 2022. The appeal for a higher rating since May 2, 2022 is denied.,The Veteran's left knee disability was manifested by no worse than flexion limited to 95 degrees with normal extension and slight instability prior to May 2, 2022. Since May 2, 2022, his disability is manifested by no worse than flexion limited to 20 degrees, extension limited to 10 degrees, and persistent instability due to an incomplete/partial ligament tear.,For the entire period on appeal, the Veteran's bilateral hearing loss did not undergo actual improvement under ordinary conditions of life.
- Claimed conditions
- Residuals of fracture left thumb (non-dominant), Left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2022
- Citation
- 22051871
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 22051871.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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 determined that the Veteran's claims for service connection are not properly before it due to procedural errors and remanded for further development, including obtaining VA treatment records and scheduling a VA examination.
- Granted
The Veteran's service-connected disabilities, including major depressive disorder and bilateral knee conditions, have precluded him from obtaining or maintaining substantially gainful employment. The Board has granted a TDIU rating for the period beginning April 5, 2020.
- Granted
The Veteran's left knee disability and instability are rated at 20 percent for the entire appeal period, with a separate rating of 10 percent for instability.
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