The veteran's service-connected right knee disability is manifested by subjective complaints of pain, with objective demonstration of crepitus and limitation of right knee motion, without additional functional limitation due to pain, weakness, incoordination or fatigability, and no clinical evidence of instability, subluxation, or dislocation. The Board finds that the preponderance of the evidence is against an evaluation in excess of 10 percent for chondromalacia of the right patella.
The deciding factor: The veteran's symptoms do not meet the criteria for a higher rating under the applicable diagnostic codes as there is no clinical evidence of instability, subluxation, or dislocation and his limitation of motion does not warrant a higher rating based on pain alone.
- Claimed conditions
- chondromalacia of the right patella (right knee disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 25, 2008
- Citation
- 0813856
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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