The Board denied the veteran's claims for earlier effective dates in several areas, including non-service-connected pension, service connection for a cervical spine disability, and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).
The deciding factor: The effective date rules applied did not allow for an earlier effective date as the veteran's claims were received after any potential increase in disability.
- Claimed conditions
- congenital cervical spine fusion with scoliosis, stenosis and radiculopathy, arthritis of the right knee, arthritis of the left knee
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 3, 2008
- Citation
- 0821923
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. Search VA.gov for the original decision (opens in a new tab) using citation 0821923.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for arthritis of the right and left knees, finding that it is at least as likely as not that these conditions developed due to the Veteran's active military service.,No new evidence or exposure basis was provided in this decision.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's right knee disability, including arthritis and patellofemoral syndrome. The examiner is asked to provide an opinion on whether these conditions are related to service.
- Whole decision: Granted
The Board has granted service connection for chondromalacia patella, patellofemoral crepitus, and arthritis of the left knee. Service connection for a left knee meniscal tear is denied.
- Whole decision: 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.
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