The Veteran's residuals of a left knee meniscal tear result in pain, minor limitation of motion, arthritis, and little to no instability. Recent findings of left-sided weakness are clearly attributable to multiple cerebrovascular accidents (strokes) from 2004 and 2005, which are unrelated to the Veteran's left knee meniscal tear, and may not be considered in evaluating the Veteran's service-connected left knee disability.
The deciding factor: The evidence does not support a finding of severe instability or significant limitation of motion sufficient for an evaluation higher than the currently assigned 20 percent for moderate instability and the separate 10 percent for painful limited motion with arthritis.
- Claimed conditions
- residuals of a postoperative left knee meniscal tear, left knee arthritis with limitation of motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2009
- Citation
- 0911019
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
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