The Board denied the Veteran's claims for service connection due to lack of new and material evidence, and found that there was no clear and unmistakable error in the May 1973 rating decision.
The deciding factor: New and material evidence had not been presented to reopen the claim of residuals of right knee trauma with degenerative arthritis. The Board also found that there was no CUE in the May 1973 rating decision denying service connection for arthritis of the right knee.
- Claimed conditions
- Arthritis of the right knee, Degenerative arthritis of the right knee
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2011
- Citation
- 1103374
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 1103374.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for degenerative arthritis of the right knee is granted. The claims for bilateral hearing loss and tinnitus are denied, as well as the claim for service connection for right lower extremity radiculopathy.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, specifically regarding a VA medical opinion on whether the Veteran's degenerative arthritis of the right knee is related to service-connected chondromalacia and proximal patellar tendinosis of the left knee. The Board also needs another VA medical opinion addressing chronic presumptions and direct service connection.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for degenerative arthritis of the left shoulder, left knee, and right knee due to inadequate VA examinations in August 2020 and January 2021.
- Partly granted
The Board granted a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
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