The Veteran's left knee disability, including limitation of flexion and meniscal surgery residuals, is rated at 20 percent. The low back strain, radiculopathy in both lower extremities, and migraine headaches are all rated at their maximum schedular ratings.
The deciding factor: The March 18, 2019 examination showed the Veteran's left knee flexion limited to 110 degrees with pain, resulting in a 20 percent rating under Diagnostic Code 5260 for limitation of motion. The other issues were rated at their maximum schedular ratings.
- Claimed conditions
- Left Knee Degenerative Joint Disease, Meniscal Surgery Residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 30, 2020
- Citation
- 20007571
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, hypertension, and tinnitus. The claims for increased ratings for right shoulder degenerative arthritis, thoracolumbar spine degenerative arthritis, left knee degenerative joint disease, and right knee degenerative arthritis were denied. An effective date of April 23, 2021, was granted for the award of a 100 percent evaluation for posttraumatic stress disorder (PTSD) and special monthly compensation based on the need for regular aid and attendance.
- Denied
The Board denied a disability rating in excess of 10 percent for the Veteran's service-connected right and left knee degenerative joint diseases, finding that her symptoms did not warrant higher ratings under applicable diagnostic codes.
- Remanded (sent back)
The Board remands the claims for service connection for the cause of the Veteran's death and entitlement to Dependency and Indemnity Compensation (DIC) on the basis of 38 U.S.C. § 1151 due to a pre-decisional duty to assist error in that the prior medical opinions are inadequate.
- Partly granted
The Veteran's PTSD has been granted a 70% disability rating from June 27, 2011, and separate ratings for right knee conditions have been granted. Service connection was also granted for COPD on a presumptive basis.,The appeal for an increased rating for the right knee prior to October 12, 2020, has been denied.
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