The Veteran's appeal for a rating in excess of 60 percent for left total knee replacement is dismissed.,An effective date prior to April 1, 2011, for the award of TDIU and eligibility to DEA under 38 U.S.C. Chapter 35 is denied.,The Veteran's appeal for a rating in excess of 10 percent for left knee instability from October 12, 2010 to April 1, 2011 is denied.,An effective date prior to April 1, 2011, for the award of lumbar spine disability is denied.,A rating in excess of 10 percent for LLE peripheral neuropathy and RLE peripheral neuropathy is denied.
The deciding factor: The Veteran withdrew his appeal regarding a rating in excess of 60 percent for left total knee replacement on July 10, 2015.,The criteria for an effective date earlier than April 1, 2011, for TDIU and eligibility to DEA under 38 U.S.C. Chapter 35 are not met as the Veteran did not meet the schedular requirements for TDIU before this date.,The rating in excess of 10 percent for left knee instability from October 12, 2010 to April 1, 2011 is not warranted due to the assignment of a separate 10 percent rating for the residuals of total left knee replacement under Diagnostic Code 5055.,The Veteran's lumbar spine disability was rated at 10 percent since August 2010 and no higher as it does not meet the criteria for an increased evaluation based on the evidence of record.,The Veteran's LLE and RLE peripheral neuropathy were rated at 10 percent since October 2010 and no higher as they do not meet the criteria for an increased evaluation based on the evidence of record.
- Claimed conditions
- left total knee replacement, lumbar spine degenerative disc disease, radiculopathy, left lower extremity (LLE), radiculopathy, right lower extremity (RLE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2018
- Citation
- 18136318
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 18136318.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Dismissed
The appeal for service connection of left knee condition, lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis is dismissed due to lack of jurisdiction over the August 2021 rating decision. Service connection for lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis are granted.
- Denied
The Veteran's claims for service connection for various conditions, including a left wrist fracture, bilateral hearing loss, Type II diabetes, bilateral glaucoma, OSA, cervical disc herniation, and other musculoskeletal issues are denied.,Service connection is not established for any of the claimed conditions.
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