The Board denied the veteran's claims for higher initial ratings for right and left knee chondromalacia, finding that the evidence did not support a rating higher than 10 percent.
The deciding factor: The VA examinations showed slight limitations in range of motion with pain at end ranges, but no instability or X-ray evidence of arthritis. The criteria for higher ratings under Diagnostic Codes 5260 and 5261 were not met.
- Claimed conditions
- right knee chondromalacia, left knee chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2009
- Citation
- 0905911
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.
- Dismissed
The veteran withdrew his appeal for higher ratings of his left and right knee conditions, and the Board has no jurisdiction to review these issues.
- Denied
The Board denied the veteran's claims for a higher initial rating for left knee limitation of extension and an increased rating for left knee chondromalacia.
- Dismissed
The proposed reductions of the veteran's right and left knee chondromalacia ratings were dismissed as there was no final rating action taken, and the disabilities remained rated at 40 percent during the applicable period.
- Partly granted
The appeal for service connection for sleep disorder is dismissed, and the Veteran's claims for service connection for alcohol use disorder, generalized anxiety disorder, somatic symptom disorder, bilateral hearing loss, and lower back strain are denied. The Board granted a 70 percent rating for PTSD.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.