The reduction of the disability rating for instability, left knee, from 10 percent to noncompensable was improper. The Veteran's appeal is granted and the original 10 percent rating is restored.
The deciding factor: The reduction did not comply with due process requirements as a predetermination hearing was not held.
- Claimed conditions
- Instability, left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 14, 2023
- Citation
- 23060732
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 23060732.
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 claim for restoration of a 10 percent rating for instability, left knee from May 1, 2018 is granted. The issue of a rating in excess of 10 percent for instability, left knee remains pending and will be remanded.
- Denied
The Veteran's service-connected disabilities did not significantly impair his ability to obtain or sustain gainful employment prior to July 17, 2015. The Board denied the claim for TDIU on an extraschedular basis.
- Denied
The Board denied the Veteran's claims for increased evaluations, finding that the evidence did not support ratings in excess of the current 20 percent for chondromalacia of the left knee, 10 percent for instability of the left knee, and 10 percent for limitation of flexion of both knees.
- Denied
The Veteran's left knee disability does not result in flexion limited to less than 90 degrees, extension more limited than to 0 degrees, or more than slight lateral instability or subluxation. Therefore, an increased evaluation is not warranted.
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