The Board denied the increased rating claims for right and left knee limitation of motion, finding that ratings in excess of 10 percent were not warranted.
The deciding factor: The May 2017 VA examination did not comply with Sharp as it failed to provide an estimated additional loss of ROM during flare-ups. The February 2018 VA examination also did not provide a non-flare-up baseline for comparison purposes, making it insufficient under the criteria.
- Claimed conditions
- Right knee limitation of motion, Left knee limitation of motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24001058
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.
- Denied
The Board denied increased ratings in excess of 10 percent for the Veteran's chondromalacia of the right knee and chondromalacia of the left knee.
- Denied
The Board denied the Veteran's claim for a rating higher than 10 percent for left knee limitation of motion, as the evidence did not support a compensable limitation of range of flexion even considering additional functional loss after repetitive use over time or flare-ups.
- Partly granted
The Board granted a 20 percent disability rating for left knee instability and denied an increased rating in excess of 10 percent for left knee limitation of motion.
- Partly granted
The Board granted restoration of a 20 percent rating for degenerative arthritis of the right knee, from September 28, 2018, to August 5, 2023, and a separate 10 percent rating for right knee limitation of motion. It also granted a total disability rating based on individual unemployability due to the aggregate effect of the Veteran's service-connected disabilities, effective January 20, 2021.
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