The Veteran's left knee instability rating was improperly reduced from 10% to noncompensable effective July 1, 2020. The initial rating for degenerative disc disease of the lumbar spine remains at 20%. A remand is required to schedule a VA examination for the back disability.
The deciding factor: The reduction in the left knee instability rating was improper due to failure to follow due process requirements, including failing to afford the Veteran a predetermination hearing and providing timely notice of the proposed reduction. The initial rating for degenerative disc disease of the lumbar spine remains unchanged as there is no new evidence submitted within one year of the February 2019 rating decision.
- Claimed conditions
- left knee instability, degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2024
- Citation
- A24028991
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 A24028991.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
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