This case is dismissed as the Veteran's representative withdrew his claim for an initial disability rating in excess of 10 percent for left knee degenerative joint disease. The Veteran's residuals of right patellar fracture prior to May 23, 2016 are not entitled to a higher than 10 percent rating.,Right knee scar status post right patellar fracture is not compensable.
The deciding factor: In the case where the Veteran withdrew his claim for an initial disability rating in excess of 10 percent for left knee degenerative joint disease, the Board dismissed the appeal. For the residuals of right patellar fracture prior to May 23, 2016, the evidence did not meet the criteria for a higher than 10 percent rating due to lack of objective symptomology or limitation that would warrant such a finding.,Right knee scar status post right patellar fracture is not compensable as there was no objective, quantifiable evidence of additional range of motion loss due to pain on use.
- Claimed conditions
- left knee degenerative joint disease, residuals of right patellar fracture, right patellar fracture scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2018
- Citation
- 18143358
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 18143358.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings of his bilateral knee disabilities due to a need for an additional VA examination that addresses the level of functional impairment absent the beneficial effects of medication.
- Partly granted
The Board denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
- Denied
The Board denied the veteran's claims for higher initial ratings for his service-connected bilateral knee disabilities and SMC based on loss of use of the bilateral lower extremities.
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