The Veteran's claims for earlier effective dates for TDIU and knee instability evaluations were denied as the evidence did not show that he was unemployable or had 20 percent knee instability prior to the specified dates.
The deciding factor: The record does not include competent and credible evidence that a service-connected disability precluded substantially gainful employment prior to August 8, 1994, or that the Veteran was entitled to separate 20 percent evaluations for left and right knee instability prior to May 1, 2001.
- Claimed conditions
- PTSD, Bilateral knee arthritis, Right knee arthritis, Left knee arthritis, Right knee chondromalacia, Left knee chondromalacia, Residuals of shell fragment wound to the left arm, Residuals of shell fragment wound to the right knee, Right lower leg skin disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2009
- Citation
- 0907753
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 claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Denied
The Board denied service connection for an acquired psychiatric disorder, including PTSD, as the Veteran did not have a diagnosis of PTSD or any other psychiatric disorder during the appeal period.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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