The Board denied the veteran's claims for increased ratings and higher initial ratings, except for a 20 percent rating for left knee degenerative joint disease during certain periods and a separate 20 percent rating for left knee patellar subluxation/dislocation.
The deciding factor: The Veteran failed to report for VA examinations without good cause, which resulted in the denial of his claims. The evidence supported the granted ratings based on the severity of the disabilities.
- Claimed conditions
- right knee degenerative joint disease, right knee surgical scar, left knee degenerative joint disease (status post arthroscopy and chondroplasty of the lateral femoral condyle and partial lateral meniscectomy), left knee patellar subluxation/dislocation, left knee arthroscopy scars, other stressor-related disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001228
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 earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
- Remanded (sent back)
The Board remands the claims for increased ratings for right knee subluxation and degenerative joint disease due to an inadequate addendum opinion.
- Denied
The Board denied the veteran's claims for higher initial ratings for his service-connected bilateral knee disabilities and SMC based on loss of use of the bilateral lower extremities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.