The veteran's appeal was dismissed because he did not file a timely and adequate substantive appeal on the issues of increased disability ratings for chondromalacia of the left and right knees, or entitlement to an effective date prior to September 20, 2005, for the grant of 10 percent disability ratings for these conditions.
The deciding factor: The veteran did not file a timely substantive appeal on all issues presented in the statement of the case and subsequent supplemental statements of the case.
- Claimed conditions
- chondromalacia of the left knee, chondromalacia of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2008
- Citation
- 0837217
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 0837217.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claim for service connection for chondromalacia of the left knee, finding that there was no evidence of a chronic condition in service or within the presumptive period after service. The Board also noted that her medical discharge from service was due to pes planus and not any left knee condition.
- Granted
The Veteran's service-connected disabilities have caused him to need regular aid and attendance, leading to a grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC at the housebound rate is dismissed as moot.
- 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.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the lack of a VA examination and opinion regarding his claimed conditions. The Board finds that additional development is necessary to determine if there is a link between the Veteran's current disabilities and his active service.
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