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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's appeal is remanded due to the need for a VA examination to assess the severity of his left knee disability, including without considering the ameliorative effects of medication.
- Dismissed
The Veteran's appeals were withdrawn, and his claims for increased ratings and service connection were dismissed. The Board found no evidence of ankylosis or other disabling conditions that would warrant higher ratings.
- Denied
The Veteran's left knee disability was not shown to be related to service or any service-connected conditions, and the Board denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his service-connected right and left knee degenerative joint disease with painful motion due to a lack of consideration of the ameliorative effects of medication use, specifically Gel-One knee injections and Motrin/ibuprofen.
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