The veteran's claim for an earlier effective date for the award of a 30 percent disability rating for right patellofemoral pain syndrome was denied as it is not factually ascertainable that his condition warranted a higher rating within one year prior to August 2, 2002.
The deciding factor: The evidence does not support a finding of severe recurrent subluxation or lateral instability in the veteran's right knee during the period from August 1, 2001, to August 1, 2002, which would warrant a higher rating under Diagnostic Code 5257.
- Claimed conditions
- right patellofemoral pain syndrome, bilateral eye disability, back disability, major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900453
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
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