The Board denied ratings in excess of 30 percent for bilateral foot disability, a rating in excess of 30 percent for left knee disability, and a rating in excess of 10 percent for lung disability. However, it granted an effective date of December 17, 2012, but no earlier, for the award service connection for limitation of extension of the left knee and left knee scar, and granted TDIU from January 17, 2013 to November 5, 2018.

The deciding factor: The denial of increased ratings was based on the severity of the disabilities not meeting the criteria for higher ratings under applicable regulations. The grant of an earlier effective date and TDIU were based on resolving reasonable doubt in favor of the Veteran regarding his unemployability due to service-connected conditions.

Claimed conditions

bilateral foot disability (claimed as bilateral foot injury, flat foot, and plantar fasciitis), residuals post-operative left knee meniscectomy with degenerative arthritis, limitation of extension of the left knee, lung disability

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

December 11, 2025

Citation

A25107052

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