The appeal for an earlier effective date was dismissed due to the lack of a proper claim and because no clear and unmistakable error (CUE) in previous decisions could be shown.
The deciding factor: The May 1957, March 1958, June 1996, and August 1997 rating decisions became final, making it impossible to obtain an earlier effective date without showing CUE, which was not done by the veteran.
- Claimed conditions
- residuals of a right knee injury, arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2008
- Citation
- 0810394
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 arthritis of the left knee and right knee to ensure compliance with a Joint Motion for Partial Remand from the Court.
- Denied
The Board denied service connection for various conditions, including residuals of a head injury, bilateral hearing loss, neck disability, gout of the right ankle, unspecified trauma or stress related disorder, tinnitus, and other musculoskeletal issues.
- Dismissed
The veteran withdrew all pending appeals, and the Board has no jurisdiction to review these issues.
- Partly granted
The Board granted service connection for sleep apnea syndromes, arthritis of the left knee as secondary to degenerative changes in the bilateral ankles, and arthritis of the right knee as secondary to degenerative changes in the bilateral ankles. The claims for earlier effective dates and increased ratings were denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.