The Board denied the veteran's claims for increased ratings for chondromalacia of both knees, finding that the evidence did not support a higher rating under applicable criteria.
The deciding factor: The veteran's knee disabilities did not meet the criteria for a compensable rating under Diagnostic Codes 5260 and 5261. There was no evidence of instability or ankylosis to warrant separate ratings, and there were no incapacitating exacerbations to support a higher rating under Diagnostic Code 5003.
- Claimed conditions
- Chondromalacia of the right knee, Chondromalacia of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2008
- Citation
- 0815758
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.
- Partly granted
The Board granted a separate 20 percent rating for left knee chondromalacia under Diagnostic Code 5258, effective January 4, 2001.
- Denied
The Board denied increased ratings in excess of 10 percent for the Veteran's chondromalacia of the right knee and chondromalacia of the left knee.
- Granted
The Veteran was granted a total disability rating based on individual unemployability from April 4, 2009, to July 9, 2015.
- Partly granted
The Board denied the veteran's claims for increased ratings for his right and left knee disabilities, except that it granted a 10 percent rating for instability of the right knee prior to September 28, 2018, and a 20 percent rating from that date. The Board also granted a 10 percent rating for instability of the left knee.
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