The veteran's claims for higher initial disability ratings were denied as the evidence did not support a finding of entitlement to higher ratings based on the criteria provided by the applicable rating codes.
The deciding factor: The evidence failed to show that the veteran had additional functional loss due to weakness, fatigability, incoordination, or pain on movement of her knee joints that could be taken into consideration in determining whether a next higher disability rating was warranted based upon limitation of motion. The veteran's right and left knee disabilities were not productive of compensable limitation of motion (flexion or extension), lateral instability, recurrent subluxations, ankylosis or impairment of the tibia and fibula.
- Claimed conditions
- Degenerative joint disease of the right knee status post total knee replacement, Degenerative joint disease of the left knee status post total knee replacement and revision, Lumbar degenerative joint disease, Stress fracture of the right second metatarsal, status post osteotomy with post-traumatic changes in the right first metatarsophalangeal joint, Migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2008
- Citation
- 0815735
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Granted
The Board granted service connection for degenerative arthritis and spinal stenosis of the lumbar spine, degenerative disc disease and spinal stenosis of the cervical spine, migraines, and tinnitus secondary to PTSD.
- Partly granted
The Board granted service connection for residuals of a traumatic brain injury and special monthly compensation based on the need of regular aid and attendance, while remanding the issue of service connection for a seizures disorder.
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