The Board denied the veteran's claims for increased evaluations for his right knee disabilities, finding that the current 10 percent ratings accurately reflect the severity of his symptoms.
The deciding factor: The evidence did not show additional functional impairment or symptomatology beyond what was contemplated by the current 10 percent ratings.
- Claimed conditions
- Residuals of a head injury, including face numbness on the left side, Neck pain, Right trapezius muscle injury, Psychiatric disability characterized as dysthymic disorder, seasonal affective disorder (SAD) and adjustment disorder (claimed as depression), Degenerative joint disease, right knee, Status post meniscus tear, right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2009
- Citation
- 0902607
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.
- Dismissed
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.
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.