The Veteran's claims for increased ratings have been denied. The scar of the right knee is not painful and does not meet the criteria for a higher rating. The degenerative disc disease of the cervical spine has not resulted in ankylosis or severe intervertebral disc syndrome, which would warrant a higher rating. The residuals of post-traumatic arthritis of the right knee with history of right medial meniscectomy have been rated as 30 percent disabling since November 1, 2003.
The deciding factor: The Veteran's scar is not painful and does not meet the criteria for a higher rating under Diagnostic Code 7804. The degenerative disc disease of the cervical spine has not resulted in ankylosis or severe intervertebral disc syndrome, which would warrant a higher rating. The residuals of post-traumatic arthritis of the right knee with history of right medial meniscectomy have been rated as 30 percent disabling since November 1, 2003.
- Claimed conditions
- Scar of Right Knee, Degenerative Disc Disease of Cervical Spine, Residuals of Post-Traumatic Arthritis of Right Knee with History of Right Medial Meniscectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2009
- Citation
- 0943132
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 0943132.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's PTSD is currently rated at 70 percent, but the evidence does not support a higher rating due to occupational and social impairment with deficiencies in most areas.,The Veteran's cervical spine disability is currently rated at 10 percent. The evidence does not support a higher rating as there has been no significant change in his symptoms within the appeal period.
- Remanded (sent back)
The Veteran's service-connected left hip, shoulder and cervical spine disabilities have been remanded for further evaluation due to the need for additional medical evidence or clarification of the disability ratings.
- Granted
The Veteran's claims for service connection for right knee disability and scar of the right knee were granted with effective dates of September 30, 2009.,No clear and unmistakable error was found in the October 1988 rating decision regarding his right knee disability.
- Denied
The Board has determined that there is no evidence to support a finding of service connection for the Veteran's claimed conditions, including bilateral hearing loss, tinnitus, low back disability, and degenerative disc disease of the cervical spine.
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