The veteran's claims for increased evaluations and TDIU were denied. The RO found that the right rib fracture residuals did not warrant an increase in evaluation, as there was no evidence of deformity, angulation, malunion, nonunion, loose motion, or edema. For the left knee chondromalacia, the RO noted severe degenerative changes with no episodes of dislocation or recurrent subluxation; normal range of motion; and an additional 5 to 10 percent limitation of motion due to fatigue, pain, and weakness. The veteran's service-connected disabilities did not prevent her from securing and maintaining some type of substantially gainful employment.
The deciding factor: The RO determined that the right rib fracture residuals did not meet the criteria for a higher evaluation as there was no evidence of deformity or other significant functional impairment. For the left knee chondromalacia, the limitation in motion due to fatigue, pain, and weakness did not warrant an increase in evaluation beyond 10 percent.
- Claimed conditions
- {"condition_name":"Right Rib Fracture Residuals"}, {"condition_name":"Left Knee Chondromalacia"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2006
- Citation
- 0603945
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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