The veteran did not submit a timely appeal of the decision which assigned an initial rating for his left knee disorder, and the Board denied higher ratings for thoracic spine fracture residuals and cervical spine injury residuals.
The deciding factor: The evidence does not support a finding that the veteran's service-connected disabilities warrant higher ratings based on the current medical findings and the applicable rating criteria.
- Claimed conditions
- Left knee disorder, Thoracic spine fracture residuals, Cervical spine injury residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0903007
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.
- Denied
The Board denied the veteran's claims for annual clothing allowances for a left knee sleeve, A&D ointment, hydrocortisone cream, and incontinence briefs due to lack of service connection or evidence that these items cause irreparable damage to outer garments.
- Partly granted
The Board granted service connection for sleep apnea, a left knee disorder, gastroesophageal reflux disease (GERD), hiatal hernia, and diverticulitis. A 30 percent rating was also granted for the Veteran's generalized anxiety disorder effective February 26, 2021.
- Partly granted
The Board granted service connection for bilateral tinnitus, left foot disorder (flatfoot and plantar fasciitis), right foot disorder (flatfoot and plantar fasciitis), left ankle disorder, left knee disorder, right knee disorder, lumbar spine disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy. The claim for an initial rating in excess of 20 percent for bilateral hearing loss was denied.
- Denied
The Board denied service connection for hearing loss, jaw disorder, hernias, right hand disorder, left hand disorder, left index finger disorder, right knee disorder, and left knee disorder as there was no evidence of a current disability at any time during the appeal period.
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