The veteran's right knee disability, including scarring, does not meet the criteria for a rating in excess of 10 percent.
The deciding factor: The evidence shows that the veteran's right knee disability is not manifested by arthritis, ankylosis, subluxation or lateral instability, dislocated semilunar cartilage with frequent episodes of locking, pain, and effusion, symptomatic removal of semilunar cartilage, genu recurvatum, a compensable degree of limitation of motion, or impairment of the tibia and fibula. The veteran's scars are not deep or cause limited motion, do not exceed 929 square centimeters, are not unstable, are not painful on examination, and by themselves do not cause a limitation of function.
- Claimed conditions
- Right knee disability, status post operative repair posterior cruciate ligament, with scars and ACL tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2009
- Citation
- 0902577
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 service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Remanded (sent back)
The Board remands the Veteran's claims for service connection for left and right knee disabilities to correct pre-decisional duty to assist errors.
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