The Board denied the veteran's appeal for an earlier effective date for service connection of degenerative joint disease of the left knee, finding that the September 1985 rating decision was not final and thus could not be revised on the basis of clear and unmistakable error.
The deciding factor: The RO's September 1985 rating decision denying service connection for a chronic left knee disability did not become final as the veteran did not file a timely notice of disagreement, resulting in the decision becoming final. The Board found that the September 1985 decision was not clear and unmistakable error.
- Claimed conditions
- degenerative joint disease of the left knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2008
- Citation
- 0826643
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 0826643.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, as well as his right knee scar. The RO must attempt to obtain all available private treatment records from the Tennessee Orthopedic Clinic.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative joint disease of the left (non-dominant) shoulder, right knee, and left knee are being remanded due to a failure to issue a Supplemental Statement of the Case (SSOC).,The Veteran's claim for TDIU is also being remanded as it was denied in the most recent rating decision without an SSOC having been issued.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
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