The Veteran's left knee degenerative joint disease is not manifested by extension to 20 degrees or flexion limited to even 60 degrees, and therefore a rating in excess of 20 percent is denied.
The deciding factor: The evidence does not show greater limitation of flexion or extension, and the range of motion shown at each VA compensation examination would not warrant an increased rating unless pain was considered. The Veteran's complaints of pain alone do not support a higher rating without corroborative evidence such as disuse atrophy and/or incoordination on use.
- Claimed conditions
- left knee degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 4, 2009
- Citation
- 0907815
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 denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
- Denied
The Board denied the veteran's claims for higher initial ratings for his service-connected bilateral knee disabilities and SMC based on loss of use of the bilateral lower extremities.
- Partly granted
The Board denied service connection for right ear hearing disorder, dry eye disorder, and urinary disorder. Tinnitus was granted, but the Veteran's left knee degenerative joint disease, right knee patellofemoral pain syndrome, left knee degenerative joint disease with instability, right shoulder bicipital tendonitis, and left shoulder bicipital tendonitis do not warrant increased ratings.
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