The appeal was denied because the evidence submitted did not raise a reasonable possibility of substantiating the claim for an earlier effective date.
The deciding factor: The March 1996 correspondence and attached January 1996 statement from Dr. R.S. do not constitute a timely notice of disagreement, thus the November 1995 and July 1996 rating decisions were properly made final.
- Claimed conditions
- degenerative joint disease of the bilateral knees
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905636
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.
- Dismissed
The veteran's appeal requests for extensions to file an appeal on various rating decisions were denied, and the attempted appeals are dismissed.
- Dismissed
The Board dismissed the claims for service connection as the Veteran passed away during the pendency of the appeal.
- Granted
The Board has granted service connection for chronic myositis of the cervical and lumbar spine muscles, as well as degenerative joint disease of multiple joints including shoulders, elbows, wrists, hips, knees, ankles, and feet. These conditions are considered to be directly related to the Veteran's active service.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.