The Veteran's claim for an earlier effective date of May 28, 2003 was granted as the date entitlement arose for his service-connected instability of the left knee.
The deciding factor: VA found clear and unmistakable error in not considering the Veteran's STRs when deciding his original claim, leading to a retroactive assignment of an earlier effective date based on the date entitlement arose.
- Claimed conditions
- Left Knee Instability, Posttraumatic Degenerative Changes (Meniscus Tear)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 1, 2009
- Citation
- 0945558
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 0945558.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Partly granted
The Veteran's claims for service connection and increased ratings have been remanded due to insufficient evidence. The Board will consider all submitted evidence, including any new evidence provided by the Veteran.
- Granted
The Veteran's left knee disability is rated at 40 percent for limitation of extension, effective December 18, 2025. The Veteran also received separate ratings for instability and dislocation of semilunar cartilage.
- Remanded (sent back)
The Veteran's hypertension, left knee flexion limitation, and instability of the left knee are all rated at their maximum allowable under VA regulations. The right knee scar is not compensable. The Board has remanded for further examination to determine the severity of these conditions without considering the ameliorative effects of medication.
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