The Board denied the Veteran's claims for an earlier effective date for service connection for residuals of a left knee injury and arthritis, as no new evidence or argument was presented to overcome the finality of previous decisions.
The deciding factor: The claimant has not provided sufficient evidence to establish clear and unmistakable error in the prior ratings decisions, nor has he submitted new and material evidence to reopen the claims for an earlier effective date.
- Claimed conditions
- residuals of an injury of the left knee, manifested by instability, arthritis of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2009
- Citation
- 0909479
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 claims for service connection for arthritis of the left knee and right knee to ensure compliance with a Joint Motion for Partial Remand from the Court.
- Denied
The Board denied service connection for various conditions, including residuals of a head injury, bilateral hearing loss, neck disability, gout of the right ankle, unspecified trauma or stress related disorder, tinnitus, and other musculoskeletal issues.
- Dismissed
The veteran withdrew all pending appeals, and the Board has no jurisdiction to review these issues.
- Partly granted
The Board granted service connection for sleep apnea syndromes, arthritis of the left knee as secondary to degenerative changes in the bilateral ankles, and arthritis of the right knee as secondary to degenerative changes in the bilateral ankles. The claims for earlier effective dates and increased ratings were denied.
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