The appeal was denied as the Veteran did not provide new and material evidence to reopen his claim for service connection for right knee osteoarthritis, and there is no evidence that the Veteran's right knee or lumbosacral spine arthritis are related to his service-connected left knee disability.
The deciding factor: The decision was based on a lack of new and material evidence to support reopening the claim for direct service connection for the right knee injury, as well as a lack of evidence linking the Veteran's current conditions to his service-connected left knee disability.
- Claimed conditions
- right knee osteoarthritis, lumbosacral spine arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2009
- Citation
- 0909950
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 the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral tinnitus, right knee osteoarthritis, and left knee osteoarthritis due to inadequate medical evidence.
- Granted
The Board granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
- Remanded (sent back)
The appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
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