The Veteran was granted service connection for left knee arthritis and assigned a 40 percent rating for radiculitis of the lower left extremity. However, initial ratings in excess of 40 percent for idiopathic scoliosis of the lumbar spine with degenerative disc disease were denied.
The deciding factor: The severity of the Veteran's conditions did not meet or exceed the criteria for higher ratings under the applicable rating codes and regulations.
- Claimed conditions
- idiopathic scoliosis of the lumbar spine with degenerative disc disease, left knee arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2009
- Citation
- 0904268
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 left knee arthritis, right knee arthritis, and tinnitus. The increased evaluation claim for pes planus was denied, as was the increase in rating for the right wrist fracture. The reduction of the right wrist rating from 10 percent to 0 percent was found improper, restoring the 10 percent rating.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral hand, hip, knee, and lumbosacral arthritis to provide further development.
- Granted
The Board granted service connection for left knee arthritis and right knee arthritis based on new and relevant evidence.
- Partly granted
The Board granted a separate noncompensable rating for left knee arthritis based on limitation of extension from August 11, 2015 to June 18, 2020 and a 10 percent rating, but no higher, for the same condition from June 18, 2020 to January 6, 2021. The claim for a rating in excess of 10 percent for left knee arthritis from November 25, 2013 to January 6, 2021 was denied.
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