The veteran's claims for increased ratings were denied as he failed to report for a scheduled VA examination without good cause, and the evidence of record does not support higher ratings.
The deciding factor: The veteran failed to appear for his scheduled VA examination without providing good cause or justification, which is sufficient reason under 38 C.F.R. § 3.655(a) to deny the claims as a matter of law.
- Claimed conditions
- Degenerative joint disease of the lumbosacral spine, Bursitis of the right hip, Arthritis of the right knee, Instability of the right knee, Postoperative residuals of a medial meniscectomy of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 22, 2008
- Citation
- 0816933
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0816933.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board granted a 50 percent rating for the Veteran's degenerative joint disease of the lumbosacral spine, effective February 2, 2020.
- Whole decision: Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to a lack of adequate medical evidence regarding the severity and manifestations of the Veteran's right knee disabilities from February 2015 to the present.
- Whole decision: Remanded (sent back)
The Board remands the claims for further development and clarification regarding the severity of the Veteran's left knee and right knee disabilities, specifically to determine if the Veteran has experienced 'the functional equivalent of range of motion loss contemplated by the next higher rating' at any point during the appeal period.
- Whole decision: Partly granted
The Board granted service connection for an acquired psychiatric disability, degenerative arthritis of the lumbar spine, and bilateral tinnitus. The claim for an initial rating in excess of 10 percent for bilateral plantar fasciitis was denied. Other claims were either granted or remanded.
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