The Board granted the Veteran's appeal for improper reductions in disability ratings and reinstated previous ratings, while also granting a separate rating of 20 percent for right knee meniscal tear beginning November 6, 2020.
The deciding factor: Improper reduction was found as the reductions were not based on actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Claimed conditions
- right knee lateral instability, left knee lateral instability, right leg shin splints, left leg shin splints, right knee meniscal tear, right knee surgical scar, right knee limitation of flexion, left knee limitation of flexion, right knee limitation of extension, left knee limitation of extension, sleep disability (secondary to bilateral knee disabilities), neurological disability (secondary to right knee disabilities)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 1, 2024
- Citation
- A24071160
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.
- Partly granted
The Board denied an increased rating for right knee strain and instability but granted a separate 10 percent rating for right knee limitation of extension from November 25, 2024.
- Partly granted
The Board denied a disability rating in excess of 10 percent for right knee meniscal tear with degenerative arthritis and granted a separate 20 percent rating for right knee instability.
- Granted
The Board granted a 30 percent rating for right knee patellofemoral pain syndrome, right knee instability, and separate 40 percent rating for right knee limitation of extension prior to July 27, 2019.
- Remanded (sent back)
The Board remands the claim for a higher rating for right knee strain to ensure that the estimated range of motion provided for repeated use over time and during flare-ups is sufficient for rating purposes.
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