The Veteran's initial claim for a left knee disability was granted with an initial rating of 10 percent, effective June 13, 2001. The RO increased the rating to 30 percent in January 2005 based on a VA examination report dated that month. However, the Board denied his request for an earlier effective date for the 30 percent rating.
The deciding factor: The Veteran's claim was remanded due to inadequate medical evidence of record at the time of the initial grant and subsequent increase in ratings. The Board found that a retrospective medical opinion was necessary to determine if the severity of the knee disability had changed between June 2001 and January 27, 2005.
- Claimed conditions
- left knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2013
- Citation
- 1309458
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 1309458.
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.
- 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 decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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