The Board found that the Veteran's additional disability was not caused by VA carelessness, negligence, or lack of proper skill. The evidence did not support a finding that the event was not reasonably foreseeable.
The deciding factor: VA medical records showed no indication of any fault on their part and there was no evidence of an unforeseeable event.
- Claimed conditions
- Right total knee arthroplasty, Right shoulder osteophytosis with rotator cuff tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 11, 2016
- Citation
- 1640318
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 1640318.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for increased ratings on the issues of right total knee arthroplasty, chondromalacia of the left knee and deformity of patella, bilateral hearing loss, and limited extension of the left knee have been dismissed as moot due to a separate Board decision adjudicating these claims.
- Denied
The January 17, 2013 rating decision denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities. The Board found that while the Veteran could not return to his previous employment as a plumber, he was capable of sedentary employment and therefore had not established clear and unmistakable error in denying his TDIU claim.
- Dismissed
The appeal is dismissed because the July 3, 2024, Rating Decision only proposed to combine ratings for bilateral shin splints and bilateral knee disabilities. The Veteran did not properly identify issues he was appealing.
- Partly granted
The Board granted a 20 percent evaluation for right knee instability prior to September 22, 2015, and a 60 percent evaluation for the residuals of a right total knee arthroplasty since November 1, 2016, but denied an increased rating for right knee internal derangement with traumatic arthritis prior to that date and entitlement to TDIU.
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