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
Veterans Law Judge
Decisions by this judge: 1,350 · Granted: 26% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0909921.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claims for increased ratings and TDIU were granted, with specific disability ratings assigned. The left knee degenerative joint disease received a separate rating of 10 percent for limitation of flexion and another 30 percent for limitation of extension. For the right knee, prior to April 30, 2014, he was awarded a 10 percent rating for limitation of flexion and a 30 percent rating for limitation of extension. From June 1, 2015 onwards, his total right knee replacement received a 60 percent disability rating. The Veteran also received TDIU prior to October 28, 2010.
- 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 inadequate VA opinions. The Veteran's service connection claims are being returned for further development.
- 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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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