The Veteran's claims for increased ratings of his right knee disability, higher initial ratings for left knee disability and scars, and a TDIU were denied due to failure to report for VA examinations. The Board found that the evidence did not meet the criteria for the requested increased ratings.
The deciding factor: The Veteran failed to attend scheduled VA examinations which were necessary to evaluate his service-connected disabilities.
- Claimed conditions
- Right knee degenerative joint disease, Left knee degenerative joint disease, Left knee patellar subluxation/dislocation, Other stressor-related disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001228
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (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 23001228.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for increased ratings for left and right knee disabilities were denied. The Board found that the evidence did not support a rating in excess of 10 percent for left knee degenerative joint disease.
- Granted
The Veteran's right knee disability is granted as service connected, effective August 19, 2009. The Veteran's MDD is rated at 70 percent and his TDIU due to MDD is also granted.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to April 6, 2022. Therefore, the claim for TDIU prior to that date is denied.
- Remanded (sent back)
The Veteran's right knee disability is currently rated at 10 percent, and the Board finds that a remand is necessary to determine if it warrants a higher evaluation. Additionally, the TDIU claim is inextricably intertwined with the increased rating claim for right knee disability.
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