The Veteran's claim for an earlier effective date of March 23, 2006 rating for his service-connected right knee chondromalacia was denied.,VA is required to withhold $5,151.60 in VA compensation benefits to recoup a lump-sum severance payment.
The deciding factor: The increase in disability resulting from the service-connected right knee chondromalacia is not factually ascertainable as occurring within one year of the March 23, 2006 application for increased compensation benefits.,VA regulations mandate that a member who has received separation pay under 10 U.S.C.A. § 1174 shall not be deprived of disability compensation to which they are entitled.
- Claimed conditions
- Right knee chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 7, 2011
- Citation
- 1141249
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 1141249.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's right knee disability is being remanded for further evaluation due to insufficient medical opinion regarding its onset and etiology.
- Denied
The Veteran's claim for higher ratings for his right knee disability from April 16, 2013 to March 15, 2016 was denied as the evidence did not show flexion limited to 30 degrees or more.
- Remanded (sent back)
The Board remands the claims for further development and readjudication due to non-compliance with previous remand instructions.
- Denied
The Board denied disability ratings in excess of the current 20 percent for degenerative disc disease and intervertebral disc syndrome of the lumbar spine post laminectomy, 20 percent for residuals of a fractured right clavicle, 10 percent for right knee chondromalacia, and 10 percent for residuals of a right wrist fracture.
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