The Board denied the veteran's claim for an earlier effective date for service connection due to arthritis of the right knee and instability, finding that the August 1977 rating decision was not clear and unmistakable error. The effective date remains April 10, 2003.
The deciding factor: The Board found no CUE in the August 1977 rating decision as there is no indication of a failure to apply correct statutory or regulatory provisions to relevant facts.
- Claimed conditions
- right knee arthritis, right knee instability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2007
- Citation
- 0703549
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 0703549.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Dismissed
The Veteran withdrew her appeal regarding the service connection for left and right knee arthritis, thus the appeal is dismissed.
- Remanded (sent back)
The Board has determined that new and relevant evidence sufficient to readjudicate the previously denied claim for service connection for a right knee disability has been received. The AOJ should now consider secondary service connection in addition to the original claims.
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