The Board denied the veteran's claims for increased ratings for right knee instability, degenerative joint disease with meniscectomy and tear, and limitation of extension as they are already rated at their maximum allowable levels under the applicable diagnostic codes.

The deciding factor: The amputation rule precludes a rating in excess of 30 percent for right knee instability status post meniscal repair, and the combined disability rating cannot exceed 60 percent, which is the equivalent of an above the knee amputation. Any further increased rating is precluded as a matter of law.

Claimed conditions

right knee instability status post meniscal repair, right knee degenerative joint disease, meniscectomy and tear, post arthroscopy limitation of flexion, right knee limitation of extension

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

February 27, 2025

Citation

25002855

Want to see how appeals like this one tend to go? Appeals like mine