The Board denied an earlier effective date for the grant of service connection for right knee degenerative joint disease with evidence of an old ACL tear, finding that no CUE was present in the January 1990 decision and that the Veteran's claim is not entitled to an earlier effective date.
The deciding factor: The Board found clear and unmistakable error (CUE) did not exist in the January 1990 rating decision denying service connection for a right knee condition, as the correct facts were before the RO at that time and supported by the record and law. The Veteran's claim is denied for an earlier effective date.
- Claimed conditions
- right knee degenerative joint disease, old ACL tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 16, 2010
- Citation
- 1030606
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 1030606.
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 Veteran's claims for increased ratings of his bilateral knee disabilities due to a need for an additional VA examination that addresses the level of functional impairment absent the beneficial effects of medication.
- Denied
The Board denied the veteran's claims for increased ratings for right knee degenerative joint disease and left knee osteoarthritis, as he failed to appear for a scheduled VA examination without good cause.
- Partly granted
The Board denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
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