BVA Case 24-6198: Back

The appellant underwent a VA scar examination in September 2021, and the examiner opined that the scars documented in previous VA examination reports and the recurrent carbuncles were not related to his service-connected PFB.

Parties'Arguments The appellant first argues that, in finding that a higher rating was not warranted for left knee patellofemoral pain syndrome,the Board failed to adequately consider his symptoms during flare-ups.

As for his rating for left knee instability under DC 5257, the appellant contends that the Board erred by requiring that he have a formal prescription for his over-the-counter knee brace in order to warrant a higher rating.

The Board's determination of the proper disability rating is a finding of fact that the Court reviews under the clearly erroneous standard of review.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.

As with any material issue of fact or law,the Board must provide a statement of reasons or bases 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.

Board's Decision 4 After recounting the pertinent evidence,including the October 2018, September 2019,June 2021,and October 2022 VA examination reports,medical treatment records,and lay testimony, the Board determined that a rating in excess of 10%was not warranted for either left knee patellofemoral syndrome or instability.

In discussing the appellant's journals of his symptoms,the Board noted that they included accounts of post-operative pain,giving way,.