The Veteran's claim for an increased rating for his service-connected right knee disability was denied, as the evidence did not support a higher evaluation based on the current level of impairment.
The deciding factor: The Board found that the Veteran's right knee disability did not meet the criteria for a higher rating due to the absence of severe painful motion or weakness in the affected extremity, and no intermediate degrees of residual weakness, pain, or limitation of motion supporting an increased rating under DCs 5256, 5261, or 5262.
- Claimed conditions
- post-operative residuals of a total right knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 17, 2009
- Citation
- 0909921
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.
- Remanded (sent back)
The Board has remanded the claims for post-operative residuals of a total right knee replacement and vision problems, to include dry eyes due to incomplete development. The Veteran's service connection claim remains pending.
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- Remanded (sent back)
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