For the increased rating period on appeal, a 20% disability rating for right knee degenerative joint disease has been granted.,For the initial rating period from May 15, 2009 to February 7, 2021, a 10% disability rating for right knee instability was denied.,For the initial rating period from February 7, 2021 onwards, a 20% disability rating for right knee instability has been granted.
The deciding factor: The Veteran's right knee degenerative joint disease and instability have been found to meet the criteria for a higher rating under Diagnostic Code 5258 (semilunar cartilage dislocation with frequent episodes of 'locking,' pain, and effusion).,For the initial rating period from May 15, 2009 to February 7, 2021, the evidence did not meet the criteria for a higher rating under Diagnostic Code 5258 or any other applicable diagnostic codes.,Starting from February 7, 2021, the Veteran's right knee instability has been found to meet the criteria for a 20% disability rating based on persistent instability and prescription of assistive devices.
- Claimed conditions
- Right Knee Degenerative Joint Disease, Status Post Tibial Tuberosity Fracture, Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 28, 2023
- Citation
- 23019132
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 23019132.
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 bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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