The appeal of the veteran's claim for an effective date prior to January 13, 2003 for additional compensation for a dependent child based on school attendance was denied.
The deciding factor: The evidence did not support an earlier effective date as the veteran did not file a claim for dependent benefits until October 2003, after his daughter had already begun her fourth semester of college in January 13, 2003.
- Claimed conditions
- patellectomy and arthrotomy of the right knee with chondromalacia, lumbosacral muscular strain, degenerative arthritis of the right hip, patellofemoral pain syndrome of the left knee, degenerative joint disease of the right great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2009
- Citation
- 0902706
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 a total disability rating based on individual unemployability due to service-connected disabilities prior to June 16, 2014, as the evidence did not show that he was precluded from securing or following substantially gainful employment.
- Remanded (sent back)
The Board remands the claims for further development to ensure compliance with previous remand directives and to address the functional loss during flare-ups.
- Partly granted
The Board granted service connection for an other specified trauma and stressor related disorder, but denied service connection for several other conditions including PTSD, bilateral plantar fasciitis, right leg shin splints, left leg shin splints, right ankle disability, left ankle disability, sleep apnea, insomnia, a right elbow strain, and a lumbar strain.
- Granted
The Board granted service connection for a left knee disorder, diagnosed as patellofemoral pain syndrome of the left knee, on a secondary basis to the Veteran's service-connected right knee disability.
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.