The Veteran's appeal for an increased disability rating for their right knee disability has been dismissed as the Veteran withdrew the appeal.
The deciding factor: The Veteran requested to withdraw the issue of an increased rating for the right knee disability, indicating that the maximum rating had already been assigned.
- Claimed conditions
- right knee chondromalacia, partial medial meniscectomy, partial lateral meniscectomy, anterior cruciate ligament reconstruction, right knee total arthroplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 17, 2019
- Citation
- 19103899
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran is granted an additional month of a total disability rating for his right knee, concluding on November 1, 2024.
- Dismissed
The veteran withdrew his appeal for higher ratings of his left and right knee conditions, and the Board has no jurisdiction to review these issues.
- Dismissed
The proposed reductions of the veteran's right and left knee chondromalacia ratings were dismissed as there was no final rating action taken, and the disabilities remained rated at 40 percent during the applicable period.
- Partly granted
The appeal for service connection for sleep disorder is dismissed, and the Veteran's claims for service connection for alcohol use disorder, generalized anxiety disorder, somatic symptom disorder, bilateral hearing loss, and lower back strain are denied. The Board granted a 70 percent rating for PTSD.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.