The Board found that the Veteran's service-connected disabilities did not warrant increased ratings for any of the periods under consideration.
The deciding factor: The evidence showed that the Veteran's left knee disability, when considering all factors including pain and functional loss due to weakness, was no more than 30 percent disabling during the relevant period. The total knee replacement had been assigned a temporary 100% rating but did not warrant an increased rating post-surgery.
- Claimed conditions
- bilateral pes planus with the residuals of a fractured left fourth toe, degenerative joint disease of the left knee (previously degenerative arthritis), total left knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904684
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.
- Partly granted
The Board granted service connection for total left knee replacement and moderate osteoarthritis of the right knee, to include as secondary to a service-connected condition. The Board also denied effective dates prior to September 22, 2022, for certain disability ratings.
- Granted
The veteran's effective date for TDIU and DEA benefits is granted as of January 8, 2020.
- Granted
The veteran's PTSD rating is increased to 70% but not higher. The veteran also qualifies for total disability individual unemployability (TDIU) due to the PTSD.
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