BVA Case 22-6930: Back

In October 2018,the Board denied entitlement to an initial disability rating greater than 10%for right knee chondromalacia patella with degenerative joint disease and granted a separate 10%rating for right knee instability from March 13,2013, to May 24,2013,and from July 1,2013.

In the JMPR, the parties agreed that the Board erred because it failed to support its decision with an adequate statement of reasons or bases in that it did not discuss the April 2018 examination or whether a separate rating was warranted under DCs 5258 or 5259.

3 In June 2020,the Board denied entitlement to an initial rating in excess of 10%for right knee chondromalacia patella with degenerative joint disease, other than for the period for which a temporary total rating had been assigned, and entitlement to a rating in excess of 10%for right knee instability,as of July 1,2013.

In the JMR, the parties agreed that the Board erred because the Board relied on the inadequate April 2018 VA medical opinion and failed to articulate what it considered to be slight, moderate, and severe in determining the appropriate rating under DC 5257.

In the September 27,2022, decision here on appeal,the Board denied entitlement to an initial disability rating in excess of 10%(excluding the period for which a temporary total rating was assigned)for right knee chondromalacia patella with degenerative joint disease; denied a disability rating greater than 10%for his right knee instability from July 1,2013, to May 5,2022; and granted a 20%disability rating,but no higher,for his right knee instability from May 6,2022.

In every decision,the Board must provide a statement of the reasons or bases for its determination that is adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.

To comply with this requirement,the Board must analyze the credibility and probative value of the evidence, account for the evidence that it finds to be persuasive or unpersuasive,and provide the reasons for rejecting any material evidence favorable to the claimant.

The Board noted that prior to the February 7,2021, rating revisions,the terms slight, moderate, and severe used in DC 5257 were not defined by the rating schedule.