The Board denied service connection for the residuals of an excision of osteochondroma, right tibia, as clear and unmistakable evidence demonstrated that the disability preexisted active duty and was not aggravated by service.
The deciding factor: There is no credible evidence of record that there was a permanent increase in the Veteran's right knee condition during and after his active duty service. The VA examiner opined that the current degenerative osteoarthritis of the right knee joint is less likely as not related to the removal of the right tibial osteochondroma.
- Claimed conditions
- excision of osteochondroma, right tibia, degenerative osteoarthritis of the right knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911489
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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.