The appeal for an increased rating for right knee patellofemoral syndrome with osteoarthritis was dismissed as the Veteran has already been assigned the maximum 60 percent schedular rating. The claim for TDIU prior to May 14, 2013, was denied due to insufficient evidence of unemployability.
The deciding factor: The decision was based on the fact that the Veteran's combined evaluation did not meet the criteria for a TDIU and he had already been assigned the maximum rating for his right knee condition.
- Claimed conditions
- right knee patellofemoral syndrome with osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001373
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.