The Board found that the initial award of service connection for status post left total knee replacement and left knee scar was clearly and unmistakably erroneous, thus severing service connection for both conditions.
The deciding factor: The record did not reflect that the appellant was on active duty or ACDUTRA at the time of his injury in 1982 while a member of the ROTC at SUNY. The Board found that the initial award of service connection was based on incorrect facts and thus was clearly and unmistakably erroneous.
- Claimed conditions
- status post left total knee replacement, left knee scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901824
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.
- Denied
The Board denied service connection for right and left knee, shoulder, and knee scars disabilities, as well as a compensable disability rating for hypertension.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (r)(2) level due to his service-connected disabilities requiring a higher level of care.
- Dismissed
The Veteran withdrew his appeal for a compensable evaluation of the left knee scar, and the Board dismissed the claim.
- Partly granted
The Board granted service connection for left and right knee locking, but remanded evaluations greater than 10 percent for bilateral knee limitation of flexion, limitation of extension, and scars.
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