The Veteran is seeking an earlier effective date for the grant of service connection for traumatic arthritis of the right knee. The Board has remanded this case to determine if there was clear and unmistakable error (CUE) in a November 2003 rating decision that granted service connection with an effective date of June 13, 2002.
The deciding factor: The Board is required to consider whether the November 2003 decision contained undebatable error that would have manifestly changed the outcome and if there was CUE in a previous September 1946 rating decision.
- Claimed conditions
- traumatic arthritis of the right knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 2, 2009
- Citation
- 0932934
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0932934.
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 Veteran's service-connected disabilities do not meet the criteria for a special home adaptation grant as they do not result in anatomical loss or use of both hands, blindness in both eyes, deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.
- Remanded (sent back)
The Board has decided to remand two claims for service connection for bilateral knee disabilities due to a lack of adequate medical opinions and the need for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for his right knee and left patella disabilities due to a lack of recent VA examination, which is necessary to assess the current severity of these conditions.
- Dismissed
The Veteran's appeal has been dismissed due to her death. The claims for service connection and a higher rating are moot.
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