The Board granted a 30 percent rating for instability of each knee and reopened the claim for service connection for degenerative joint disease of the hands, but denied reopening the claim for bilateral pes planus. Other claims were remanded.
The deciding factor: Severe lateral instability was demonstrated in each knee, and new and material evidence was received to reopen the claim for degenerative joint disease of the hands.
- Claimed conditions
- Bilateral pes planus, Degenerative joint disease of the hands, Instability of the left knee, Instability of the right knee, Bilateral foot arthritis, Bilateral carpal tunnel syndrome, Lumbar spine disability (secondary to service-connected knee disability), Limitation of flexion due to osteoarthritis of the left knee, Limitation of flexion due to osteoarthritis of the right knee, Limitation of extension due to osteoarthritis of the left knee, Limitation of extension due to osteoarthritis of the right knee, Total disability rating for compensation based on individual unemployability (TDIU)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 3, 2023
- Citation
- 23000007
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.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Partly granted
The Veteran's service connection claim for an acquired psychiatric disorder, to include alcohol use disorder, unspecified depressive disorder with anxious distress, and PTSD was granted. Other claims for various conditions were denied.
- Remanded (sent back)
The Board remands the claim for an adequate VA examination to determine the nature and etiology of any right foot disability, including consideration of bilateral pes planus.
- Denied
The Board denied the Veteran's claim for an earlier effective date for a total disability rating due to individual unemployability (TDIU) as it was not factually ascertainable that he was unable to obtain or maintain substantially gainful employment prior to April 28, 2016.
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