The Board has denied the petitions to reopen previously denied claims for service connection of degenerative joint disease, right knee and left knee. The issues of entitlement to initial compensable ratings for right hip limitation of flexion, abduction, adduction, and internal/external rotation prior to March 1, 2018, and in excess of 10 percent thereafter; a rating in excess of 10 percent for degenerative joint disease, right hip; and a rating in excess of 20 percent for radiculopathy, right lower extremity; and residuals of a low back injury are dismissed.
The deciding factor: The Board found that new and material evidence had not been submitted to reopen the claims for service connection of degenerative joint disease, right knee and left knee. The issues of entitlement to initial compensable ratings for right hip limitation of flexion, abduction, adduction, and internal/external rotation prior to March 1, 2018, and in excess of 10 percent thereafter; a rating in excess of 10 percent for degenerative joint disease, right hip; and a rating in excess of 20 percent for radiculopathy, right lower extremity; and residuals of a low back injury are dismissed as the Veteran did not submit new and material evidence to reopen these claims.
- Claimed conditions
- Degenerative Joint Disease, Right Knee, Degenerative Joint Disease, Left Knee, Degenerative Joint Disease, Right Hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20073910
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 is entitled to an earlier effective date of February 29, 2000, for an award of TDIU on an extraschedular basis due to his service-connected back and left knee disabilities.
- Partly granted
The Board granted clothing allowances for a back brace and wheelchair, but denied them for a neck brace, bilateral knee braces, pain medication therapy, cane, and walker.
- 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.
- Granted
The Veteran's claims for increased ratings and service connection have been granted, but the criteria for higher disability ratings are not met at any point during this appeal.
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