The Veteran's claims for increased evaluations and service connection have been granted with effective dates of August 9, 2013. The appeal as to the claim of entitlement to a higher evaluation for right knee cartilage, semilunar, dislocated with frequent episodes of locking, pain, and effusion into the joint from June 13, 2018, to March 1, 2020 is granted. The appeal as to the claim of entitlement to a temporary 100% evaluation for right total knee replacement from March 1, 2020, to March 1, 2021 and an initial 30% evaluation for residuals of right total knee replacement since March 1, 2021 is granted. The appeal as to the claim of entitlement to service connection for a left shoulder disorder and TDIU is remanded.
The deciding factor: The Veteran's claims were deemed timely based on his August 9, 2013 communication indicating an intent to seek increased ratings for his right knee disability. Effective dates are assigned based on the date of claim or the date entitlement arose, whichever is later.
- Claimed conditions
- Right Knee Arthritis, Right Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 8, 2023
- Citation
- 23060247
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 23060247.
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.
- Denied
The Veteran's claim for a higher rating prior to August 12, 2013 was denied as his right knee disability did not meet the criteria for a higher rating under Diagnostic Code 5003.,The Veteran's claim for a higher rating from April 1, 2016 was denied as he is already receiving the maximum allowable disability rating of 60 percent for total right knee replacement.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.