CAVC Case 16-2334: Knee
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2016-04-12 · MEREDITH, Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Conditions Claimed
KneeShoulderHipSkinArthritisRadiculopathy
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Issues on Appeal
Knee ConditionIncreased RatingHip Condition
Why It Was Decided This Way
The appellant expressly asked VA why it did not consider her right hip labral tear a disability separate from her right hip bursitis.
The Board found that the appellant's shoulder symptoms,including functional loss due to pain,fatigue,and less movement than normal,were already taken into consideration .
The Board determined that Diagnostic Codes 5200 (ankylosis of scapulohumeral articulation),5201 (limitation of motion of the arm),and 5202 (other impairment of the humerus)were not applicable.
With respect to the appellant's right hip disability,the Board noted that bursitis had been rated under 38 C.
Turning to the appellant's right knee disability,the Board noted that the condition was currently assigned a 10% disability rating under 38 C.
The Board determined that the evidence did not support a higher disability rating under Diagnostic Code 5260 for limitation of flexion, but that the 13 appellant was entitled to a higher, 20%disability rating under Diagnostic Code 5258 for dislocated semilunar cartilage with frequent episodes of locking,pain,and effusion.
Finally,the Board noted that the appellant's costochondritis and radiation fibrosis had been rated noncompensably disabling under 38 C.
After reviewing the evidence,the Board provided the appellant the benefit of the doubt and increased the disability rating assigned for costochondritis and radiation fibrosis to 10% for moderate impairment under Diagnostic Code 5321.
Authorities Cited
Denial Type
Credibility|Inadequate Exam
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