The Veteran's appeal for increased ratings for his left knee disability is denied. The Board found that the preponderance of evidence did not support a higher rating prior to April 8, 2013, and after June 1, 2014, he was assigned a 30% rating.
The deciding factor: The Veteran's left knee disability has been rated based on limitation of motion and the absence of instability or subluxation. The evidence did not support higher ratings under any applicable diagnostic codes.
- Claimed conditions
- Degenerative Joint Disease, Post-operative Residuals of Total Left Knee Replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 3, 2019
- Citation
- 19176307
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's knee disabilities have been rated based on their effects on his ability to perform activities of daily living, with a 30 percent rating for post-operative residuals and a 40 percent rating for limited extension. A separate 10 percent rating has also been granted for symptomatic removal of semilunar cartilage.
- Remanded (sent back)
The Veteran's claim for increased ratings for degenerative joint disease of the left and right feet has been granted with a rating of 20 percent each. However, his request for TDIU remains pending as it was not initially addressed by the AOJ.
- Granted
The Board has determined that the Veteran's current left knee disability, including osteoarthritis and degenerative joint disease, is at least as likely as not related to her military service. The claim for service connection is therefore granted.
- Denied
The Veteran's cervical spine disability prior to December 9, 2015 did not meet the criteria for a rating in excess of 10 percent due to limited range of motion and no evidence of ankylosis or intervertebral disc syndrome.
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