The veteran's claim for an earlier effective date for the grant of service connection for a bilateral knee disability was denied as there was no pending claim prior to December 6, 2001.
The deciding factor: There was no pending claim prior to December 6, 2001, pursuant to which benefits could be granted, and thus the earliest effective date possible is the date that the claim to reopen was received.
- Claimed conditions
- bilateral knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2008
- Citation
- 0815830
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 service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Denied
The Board denied service connection for chest pain, a gastrointestinal disability, a neck disability, and a bilateral knee disability. The Veteran was also denied a compensable rating for iliotibial band syndrome of the right hip and for right hip limitation of extension.
- Granted
The Board granted service connection for multiple conditions, including bilateral foot disability, knee disability, ankle disability, cervical degenerative disc disease, spondylosis, and cervicalgia, secondary to a service-connected lumbar strain, as well as GERD. The claims of readjudication were also granted.
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