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 assigned
- None in this decision
- Decision date
- May 22, 2008
- Citation
- 0816933
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.
- Granted
The Board granted a 50 percent rating for the Veteran's degenerative joint disease of the lumbosacral spine, effective February 2, 2020.
- 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.
- 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.
- 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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.