The veteran's right knee disability has not warranted an evaluation in excess of 10 percent, as the range of motion is limited to 100 degrees flexion and 5 degrees extension.
The deciding factor: The veteran's right knee disability does not meet or approximate the criteria for a higher rating under the applicable diagnostic codes, including considering functional loss due to pain and flare-ups.
- Claimed conditions
- osteophytosis, right knee, painful and limited motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 12, 2009
- Citation
- 0901158
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 dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Denied
The Board denied service connection for a right leg disability, kidney cancer, including residuals, and bilateral knee disabilities as the evidence did not support that these conditions began during active service or are related to an in-service injury or disease.
- Dismissed
The appeal for service connection for headaches, erectile dysfunction, hypertension, right knee, left knee, and right shoulder was dismissed due to the untimely filing of the Board Appeal request.
- Dismissed
The Board dismissed the veteran's appeals for service connection for traumatic brain injury, stress fracture of the right foot, bilateral flat feet, and bilateral hearing loss due to untimely Notices of Disagreement. The claim for a right knee disability was remanded.
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