The Board found that the January 2007, June 2009, and December 2010 rating decisions did not contain clear and unmistakable error in failing to assign a separate evaluation for left knee instability. The April 2018 decision severing the separate 10% evaluation for degenerative joint disease of the left knee was also found to be proper. As such, the earlier effective date claim is denied, but the rating for degenerative joint disease of the left knee is restored.
The deciding factor: The Board determined that there was no clear and unmistakable error in failing to assign a separate evaluation for left knee instability as evidenced by the lack of objective evidence of instability at the time of the prior rating decisions.
- Claimed conditions
- Left Knee Instability, Degenerative Joint Disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 9, 2024
- Citation
- A24045555
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 A24045555.
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 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.
- Remanded (sent back)
The Veteran's TDIU and Dependents' Educational Assistance claims have been granted effective from November 23, 2019.,The Board has also remanded the Veteran's increased rating claims for his lumbar and cervical spine conditions.
- Partly granted
The Veteran's claims for service connection and increased ratings have been remanded due to insufficient evidence. The Board will consider all submitted evidence, including any new evidence provided by the Veteran.
- Remanded (sent back)
The Veteran's hypertension, left knee flexion limitation, and instability of the left knee are all rated at their maximum allowable under VA regulations. The right knee scar is not compensable. The Board has remanded for further examination to determine the severity of these conditions without considering the ameliorative effects of medication.
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