The Board dismissed an issue seeking an increased rating for a left knee disability, denied entitlement to a compensable rating for service-connected right ear hearing loss, and denied entitlement to earlier effective date for the November 1, 2005 assignment of a 20 percent disability rating for service-connected left knee disability. The Veteran's motion alleging CUE in the July 2009 Board decision was dismissed as the Court affirmed the Board's decisions.
The deciding factor: The Court affirmed the Board's July 2009 decision, which dismissed an issue seeking an increased rating for a left knee disability and denied other claims including service connection for depression and glaucoma of the right eye.
- Claimed conditions
- left knee disability, right ear hearing loss, depression, glaucoma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2013
- Citation
- 1304201
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 1304201.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
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