The Board denied an initial rating in excess of 10 percent for the Veteran's right knee disability based on painful and limited flexion, as there was no evidence that flexion had been limited to 30 degrees or more at any point during the course of the appeal.
The deciding factor: The probative evidence did not show that flexion had been limited to 30 degrees or more at any point during the course of the appeal, even during flare-ups or with repeated use over time, to warrant a higher rating under Diagnostic Code 5260.
- Claimed conditions
- right knee strain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 24, 2024
- Citation
- A24068520
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 Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for bilateral hip and knee disabilities, as well as a TDIU claim, to ensure adequate VA examinations are conducted.
- Partly granted
The Board granted service connection for left hip iliopsoas tendonitis, right knee strain, and left knee strain as secondary to lumbosacral strain. Service connection was also granted for cannabis use disorder as secondary to mental health conditions of PTSD, major depressive disorder with alcohol use disorder, and TBI. However, the Board denied an initial disability rating in excess of 70 percent for PTSD and granted a separate disability rating of 40 percent for TBI.
- Partly granted
The Board denied an increased rating for right knee strain and instability but granted a separate 10 percent rating for right knee limitation of extension from November 25, 2024.
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