The Board granted revision of the July 2013 rating decision that assigned a 10 percent rating for right knee internal derangement on the basis of clear and unmistakable error (CUE) but denied revision of the 20 percent rating for right shoulder internal derangement.
The deciding factor: The statutory and regulatory provisions at the time of the July 2013 rating decision were incorrectly applied, such that a 20 percent rating pursuant to Diagnostic Code 5258 would have been granted for right knee internal derangement if they had been properly applied to the facts of the case.
- Claimed conditions
- right knee internal derangement, right shoulder internal derangement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2025
- Citation
- A25038077
Veterans Law Judge
Decisions by this judge: 882 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25038077.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted a separate compensable evaluation for right knee instability, with a 20 percent rating throughout the appeal period. The initial evaluation in excess of 10 percent prior to March 26, 2024, and in excess of 20 percent thereafter for right knee internal derangement was denied.
- Partly granted
The Board denied a rating greater than 10 percent for right knee internal derangement, chondromalacia, and degenerative arthritis with painful motion, denied a compensable rating for the same condition with limited extension, but granted a 10 percent rating for right lateral knee instability.
- Remanded (sent back)
The Board remands the claim for a right knee disability, to include as secondary to service-connected disabilities, due to an inadequate VA examination and duty-to-assist errors.
- Remanded (sent back)
The Board remands the claims for an increased initial rating for right knee and back disabilities, bilateral lower extremity radiculopathy, and service connection for obstructive sleep apnea due to inadequate medical examinations and opinions.
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