The veteran's claim that the February 24, 1988 rating decision was clearly and unmistakably erroneous in reducing his disability rating for his service-connected right knee disorder from 10 percent to noncompensable (0 percent) is denied. The requirements for an effective date earlier than April 22, 1996 for assignment of a total disability rating based on individual unemployability due to service-connected disability are not met.
The deciding factor: The Board found that the veteran's previously raised claim for a TDIU which was denied by the Board in January 1995 did include a denial on an extra-schedular basis under section 4.16(b). The effective date of increased compensation may be assigned up to one year prior to the date of receipt of the claim if it is factually ascertainable that there was an increase in disability within that period.
- Claimed conditions
- right knee disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2005
- Citation
- 0504646
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 0504646.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, and will need an opinion regarding whether the Veteran's right knee disorder is related to his parachute jumps during service.
- Granted
The Board has granted the Veteran's request to readjudicate his claims for service connection for a lumbar spine disorder and obstructive sleep apnea, but denied his claim for right knee disorder. The Board also remanded the cases of left leg disorder and lumbar spine disorder.
- Denied
The Board has denied service connection for chronic fatigue syndrome, fibromyalgia, right lower extremity radiculopathy, left lower extremity radiculopathy, and a right knee disorder. The evidence did not meet the criteria for direct service connection as there was no in-service diagnosis or continuity of symptomatology.
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