The veteran's right knee disability with painful and limited motion is currently rated at 20 percent, the maximum available evaluation.,The veteran's residuals of a right knee injury with laxity are not compensable based on instability. He is currently assigned a 10 percent rating for this condition.,The veteran's hepatitis C has been evaluated at 10 percent and does not meet criteria for higher ratings.
The deciding factor: The veteran's right knee disability with painful and limited motion does not warrant an evaluation beyond the current 20 percent rating due to lack of loss in range of motion.,There is no evidence of instability, which would be required for a higher rating under DC 5010-5257. The VA examination did not find any instability.,The veteran's hepatitis C does not meet the criteria for higher ratings as it has been evaluated at 10 percent and there are no incapacitating episodes or significant symptoms.
- Claimed conditions
- Right Knee Disability, Residuals of Right Knee Injury with Laxity, Hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2006
- Citation
- 0605674
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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