BVA Case 23-2946: Back

The Board noted the veteran's April 2018 submission of articles discussing the presence of benzene in groundwater located at the U.

The Board noted that for the period from October 31,2008,to December 23,2012,the June 2009 rating decision showed that a 10%rating had been assigned under DC 5260 for limitation of flexion,but the reasons and bases analysis in assigning the initial 10[%]rating[]show[ed]that the criteria of [DC]5003 [13] were used.

The Board concluded that a higher rating was not warranted for this time period because the left knee arthritis disability has been manifested by flexion greater than 60 degrees, extension less than 5 degrees[,]and painful motion,without ankylosis,dislocation or removal of semilunar cartilage,nonunion or malunion of the tibia and fibula,or genu recurvatum.

From December 24,2012,to January 4,2017, the Board found that the veteran's symptoms more closely approximate[d]the criteria under [DC] 5258 of dislocated semilunar cartilage with frequent episodes of 'locking,'pain,and effusion into the joint;therefore,a 20[%]disability rating is warranted.

Case:23-2946 Page: 11 of 21 Filed:09/30/2024 For the period from January 5,2017, to January 29,2017 (during which the veteran was in receipt of a 20%rating based on limited extension under DC 5261),the Board found that a change in the DC was warranted because DC 5258 rates on the symptoms the [v]eteran has (dislocation of semilunar cartilage with frequent episodes of pain,effusion into the joint,and limitation of flexion and extension to a noncompensable degree) and is both potentially and actually more favorable to the [v]eteran.

Finally,for the period beginning on March 1,2018,the Board determined that the left knee arthritis disability has been manifested by no more than intermediate degrees of residual weakness and painful limitation of motion.

January 2023 Board Decision In the January 17,2023, decision on appeal,the Board denied increased ratings for the veteran's left knee arthritis disability and service connection for squamous cell carcinoma.

In addressing the May 2022 JMPR,the Board found that a separate rating for left knee instability under DC 5257 was not warranted for the period from October 31,2008, to December 23,2012,explaining that [a]lthough the [v]eteran reported during the March 2009 VA examination that the left knee gave way,the VA examiner noted joint stability tests were all within normal limits after performing stability tests on several ligaments in the left knee.