The Veteran's right knee disability was not found to warrant a rating in excess of 10 percent, and service connection for asbestosis was denied.
The deciding factor: The evidence did not support the criteria required for a higher rating or establish a link between the respiratory disorder and service.
- Claimed conditions
- Chondromalacia, right knee, Respiratory disorder (claimed as asbestosis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 23, 2009
- Citation
- 0906659
Veterans Law Judge
Decisions by this judge: 2,162 · Granted: 21% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0906659.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted service connection for an acquired psychiatric disorder, but remanded the claims for a right knee disorder and respiratory disorder.
- Whole decision: Denied
The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation before April 10, 2018. His TDIU claim is denied as there was no evidence of unemployability due to his service-connected conditions prior to that date.
- Whole decision: Remanded (sent back)
The Veteran's service-connected bilateral knee disabilities are remanded for a more contemporaneous examination to determine the current severity of his conditions, as well as consideration of revised rating criteria effective February 7, 2021.
- Whole decision: Remanded (sent back)
The Veteran's knee and ankle disabilities have worsened since the last VA examinations, and new evidence is needed to determine appropriate disability ratings.
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