The Veteran's appeal is denied as there is no evidence that his February 2013 left knee surgery required at least one month of convalescence or that any medical professional directed him to restrict his post-surgical activities based on the procedure.
The deciding factor: There is no evidence showing that the appellant’s February 2013 surgical residuals met the requirements for a temporary total disability rating under 38 C.F.R. § 4.30.
- Claimed conditions
- Left knee medial collateral laxity with chondromalacia patella, Left knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2019
- Citation
- 19122676
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19122676.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for osteoarthritis of the right knee and left knee, finding that the Veteran's current conditions are related to his military service. The issue of entitlement to service connection for obstructive sleep apnea is remanded due to potential toxic exposure in service.
- Granted
The Veteran's right knee meniscal tear with osteoarthritis rating was restored to 40%, and an effective date of July 26, 2013, for SMC based on need for aid and attendance was granted. The intermediate rate SMC effective date also aligns with this date.
- 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.
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