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
Veterans Law Judge
Decisions by this judge: 680 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0900590.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Denied
The Veteran is found not competent to handle the disbursement of VA funds, and his appeal is denied.
- Denied
The Veteran's claim for special monthly compensation (SMC) due to being housebound is denied because he does not have a single service-connected disability rated as total, and his disabilities are not separate and distinct from the maximum combined rating of 100 percent.
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