The veteran's claim for a higher rating for his total right knee replacement was denied as the evidence did not support a rating in excess of 30 percent.
The deciding factor: The veteran's range of motion and pain were found to be insufficient to warrant a higher rating, with no significant weakness or instability noted.
- Claimed conditions
- total right knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 9, 2009
- Citation
- 0904480
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 increased 20 percent ratings for limitation of motion of the left and right knees prior to their respective total knee replacements, but denied ratings in excess of 10 percent for instability of both knees and in excess of 30 percent for total knee replacements.
- Remanded (sent back)
The Board remands the Veteran's claims for further development, including obtaining additional VA and private medical records.
- Dismissed
The Board dismissed the Veteran's appeal for not timely submitting a Notice of Disagreement (NOD) within one year from the date of the mailing of an adverse decision.
- Denied
The Board denied all claims for increased ratings and TDIU. The Veteran's right knee conditions did not meet the criteria for higher ratings.
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