The Board found that the veteran's left knee disability was not incurred in service and denied service connection. However, they granted the request to reopen his claim for a lower back disability based on new evidence.
The deciding factor: The Board determined that the veteran had not submitted new and material evidence to reopen his claim of service connection for a lower back disability.
- Claimed conditions
- patello-femoral syndrome of the left knee, scoliosis of the thoracic and lumbar spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2008
- Citation
- 0822947
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 0822947.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board found that the June 23, 2008 decision denying an increased rating for scoliosis of the thoracic and lumbar spine was clearly erroneous due to a failure to apply proper criteria. The correct application would have resulted in a 20% disability rating from May 20, 2006.
- Denied
The Board denied the Veteran's claim for a TDIU due to service-connected disabilities, finding that his conditions did not meet the criteria for this benefit.
- Granted
The Veteran's lumbar spine disability, right patella fracture, left knee condition, and hip conditions have been rated based on their current manifestations. The increased ratings granted are consistent with the criteria for each condition.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the current severity of his service-connected disabilities and obtain outstanding VA medical records.
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