The Board denied service connection for degenerative arthritis of the right knee in an October 12, 2005 decision. The motion argues that this decision is incorrect due to a failure to apply 38 U.S.C.A. § 1154(b).
The deciding factor: The Board's error did not manifestly change the outcome of the claim as it still would have denied service connection based on lack of evidence establishing a current disability related to an in-service injury.
- Claimed conditions
- degenerative arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2006
- Citation
- 0609930
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.
- Remanded (sent back)
The Board remands the claims for service connection for cervical spine, lumbar spine, right knee, and left knee disabilities for a new VA examination and etiological opinion due to inadequate previous opinions.
- Remanded (sent back)
The Board remands the claim for service connection of a right knee condition due to an inadequate VA examination and the need for further development.
- Partly granted
The Board granted service connection for degenerative arthritis of the right and left knees, headaches as proximately due to PTSD, and erectile dysfunction as proximately due to PTSD. The claims for an earlier effective date for a 100 percent rating for PTSD and a 70 percent rating for PTSD were denied, as was the claim for a total disability rating based on individual unemployability. Several other claims were remanded.
- Partly granted
The appeal for service connection of left knee strain was dismissed due to procedural issues. The claim for a higher rating for right knee arthritis was remanded for further evaluation.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.