CAVC Case 23-6889: Knee

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-12-30 · JAQUITH, 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.

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Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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
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Outcome
Vacated / Remanded
Decision Date
2024-12-30
Judge
JAQUITH, Judge
Service Era
September 1994 to August 2002

Conditions Claimed

KneeAnkleTDIUArthritis

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Issues on Appeal

Back ConditionService ConnectionEffective DateKnee ConditionIncreased Rating

Why It Was Decided This Way

The Board noted that the 2011 claim was for shin splints.

In December 2021,the Board denied entitlement to ratings in excess of 10%for shin splints of the left leg and right knee tendonitis to include shin splints.

The veteran appealed to 5 Case:23-6889 Page: 6 of 12 Filed:12/30/2024 the Court,and on December 5,2022,the Court granted the parties'joint motion for remand because the parties agreed that the Board failed to provide adequate reasons or bases for finding that the duty to assist had been satisfied.

Specifically,the parties agreed that the Board made an impermissible medical determination that the in-service left knee symptoms were intermittent flare-ups;the Board also failed to address the adequacy and consistency of the April 2021 VA examination and failed to address whether a separate rating was warranted for either leg under Diagnostic Code (DC)5257 (38 C.

On December 13, 2022,the veteran submitted a copy of the Rule 33 Summary of Issues from her appeal to the Court,which further alleged that the Board erred by relying on the inadequate August 2021 VA examination and by failing to rate all of her symptoms.

The Board found that the veteran's symptoms caused no more than impairment of the tibia and fibula with slight knee disability.

71a were amended during the pendency of the appeal,and the Board determined that the veteran's claims would be considered under both the old criteria prior to February 7,2021,and the new criteria after that date,applying the more favorable criteria.

The Board found that the veteran's lay statements were unreliable as they are inconsistent and reflect conflicting reports of severity and symptomatology.

Authorities Cited

Allday v. BrownBuckley v. WestBuczynski v. ShinsekiCantrell v. ShulkinFenderson v. WestFletcher v. DerwinskiFountain v. McGilbert v. DerwinskiHart v. MansfieldHood v. BrownJohnson v. WilkieMahl v. PrincipiSee Chavis v. McSee Hensley v. WestSee Kutscherousky v. WestSharp v. ShulkinTucker v. West

Denial Type

Credibility|Duty To Assist|Inadequate Exam|Rating Criteria

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