The Board denied higher initial ratings for right knee instability, left knee arthritis, and neck injury. The veteran's claims for a higher rating for the left great toe disability were also denied.
The deciding factor: The evidence did not show that the right knee instability was more than slightly disabling or that the cervical spine degenerative disc disease warranted a rating greater than 30 percent.
- Claimed conditions
- Right knee instability, Arthritis of the left knee, Residuals of a neck injury, Left great toe disability with hallux valgus and gout, Left shoulder disability (not service-connected), Left arm disability (not service-connected)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2009
- Citation
- 0903771
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 a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Partly granted
The Board granted a 30 percent rating for right knee instability and a 20 percent rating for painful and/or limited motion of the right knee, but denied a higher rating for degenerative arthritis of the right knee.
- Denied
The Board denied ratings in excess of 10 percent for the veteran's left hamstring and right knee conditions, as well as a TDIU claim.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for left and right knee instability and limitation of flexion due to an inadequate VA examination.
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