The Veteran's claim for an earlier effective date was dismissed as untimely filed. The Board found no clear and unmistakable error in the November 2003 rating decision that granted service connection for traumatic arthritis of the right knee with an effective date of June 13, 2002.
The deciding factor: The Veteran's claim for an earlier effective date was untimely filed as it was not raised within one year of the November 2003 rating decision. The Board found no clear and unmistakable error in the September 1946 rating decision that denied service connection for right knee disability, as there was no evidence of a right knee disability on separation.
- Claimed conditions
- Traumatic arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2010
- Citation
- 1039966
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. Read the original VA decision (opens in a new tab) using citation 1039966.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted ratings for his left and right knee disabilities, as well as special monthly compensation and TDIU.
- Dismissed
The Veteran's appeals for increased ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal of the issues related to traumatic arthritis of the right knee and post-operative ligament injury of the right knee at a hearing before the undersigned Veterans Law Judge. New and material evidence was received to reopen claims of bilateral hearing loss, tinnitus, and left knee disability.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions and non-compliance with previous remand directives. The claim is being returned for further development.
- Remanded (sent back)
The Veteran's claims for increased rating and TDIU are being remanded due to the need for new examinations and consideration of updated VA criteria.
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