The Board denied service connection for a bilateral knee disability as it is not related to the veteran's service or his service-connected low back disability. The Board also denied an increased rating for the veteran's low back disability and an earlier effective date for service connection of depressive disorder.
The deciding factor: The evidence does not support a finding that the veteran's bilateral knee disability, low back disability, or depressive disorder is related to his military service or any incident thereof. The veteran did not perfect his appeal after the issuance of a statement of the case in February 1988 regarding stress and situational reaction, and he only initiated an application for service connection for depression secondary to his low back disability in November 2005.
- Claimed conditions
- Bilateral knee disability, Residual fracture of the lumbar spine at L5 with chronic low back strain, Depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2009
- Citation
- 0900590
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 Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Partly granted
The Veteran's depressive disorder was granted a 70 percent disability rating from April 27, 2020 to August 15, 2022, and a TDIU was also granted.
- Granted
The Board granted an effective date of July 14, 2020, for the grant of service connection for IVDS with spinal fusion and lumbar disc disease with stenosis, as well as associated radiculopathy of the sciatic and femoral nerves of the left and right lower extremities, and depressive disorder.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.