The veteran's bilateral knee disability (patellofemoral syndrome with degenerative joint disease, and history of healed proximal tibial stress reaction) is not productive of limitation of extension, lateral instability, or subluxation, and is not productive of limitation of flexion of 60 degrees or less.
The deciding factor: The veteran's knee disability does not meet the criteria for a higher rating under any applicable diagnostic codes due to lack of evidence supporting more severe symptoms such as recurrent subluxation, lateral instability, or significant limitation of motion.
- Claimed conditions
- Multiple sclerosis, Patellofemoral syndrome of the right knee with degenerative joint disease, and history of healed proximal tibial stress reaction, Patellofemoral syndrome of the left knee with degenerative joint disease, and history of healed proximal tibial stress reaction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 30, 2009
- Citation
- 0903361
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
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The Board remands the case to obtain J.M.'s federal records from SSA, as VA has not made any efforts to secure and consider these records.
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