The Board found that the award of service connection for degenerative joint disease of the left knee was clearly and unmistakably erroneous due to the Veteran's total left knee replacement, resulting in severance of service connection.
The deciding factor: There is clear and unmistakable error in the March 2003 decision as the Veteran underwent a total left knee replacement that replaced his arthritic knee joint with a prosthetic knee joint, making the original award of service connection for degenerative joint disease of the left knee clearly erroneous.
- Claimed conditions
- degenerative joint disease of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 19, 2009
- Citation
- 0944212
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 0944212.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, as well as his right knee scar. The RO must attempt to obtain all available private treatment records from the Tennessee Orthopedic Clinic.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative joint disease of the left (non-dominant) shoulder, right knee, and left knee are being remanded due to a failure to issue a Supplemental Statement of the Case (SSOC).,The Veteran's claim for TDIU is also being remanded as it was denied in the most recent rating decision without an SSOC having been issued.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
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