The veteran's service-connected postoperative left knee chondrocalcinosis, right knee degenerative joint disease, and hiatal hernia with GERD, status post nissen fundoplication, do not warrant ratings in excess of 10 percent.
The deciding factor: The veteran's symptoms for each condition are only slight limitation of motion caused by pain, fatigue, weakness, and lack of endurance with repeated use, which does not meet the criteria for a higher rating under applicable diagnostic codes.
- Claimed conditions
- postoperative left knee chondrocalcinosis, right knee degenerative joint disease, hiatal hernia with GERD, status post nissen fundoplication
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0901966
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 denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
- Remanded (sent back)
The Board remands the claims for increased ratings for right knee subluxation and degenerative joint disease due to an inadequate addendum opinion.
- Denied
The Board denied the veteran's claims for higher initial ratings for his service-connected bilateral knee disabilities and SMC based on loss of use of the bilateral lower extremities.
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