The Veteran's appeal includes claims for earlier effective dates for service connection and related disabilities. The Board has determined that these issues are inextricably intertwined with a claim of clear and unmistakable error (CUE) in the September 2005 decision, which assigned March 29, 2004 as the effective date.
The deciding factor: The earlier effective dates for service connection and related disabilities are dependent on resolving the CUE issue first.
- Claimed conditions
- left knee medial meniscus tear with instability, right lower extremity neuritis, left lower extremity neuritis, right knee traumatic arthritis, left knee traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2013
- Citation
- 1315405
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 1315405.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's initial rating for left knee disability, characterized by painful motion but not ankylosis, flexion limited to 45 degrees or less, extension of 10 degrees or greater, instability, or subluxation, was denied as his symptoms did not warrant a higher rating.
- Dismissed
The Veteran's appeals for increased ratings for degenerative joint disease of the thoracolumbar spine and left knee traumatic arthritis have been dismissed as he withdrew his appeal prior to a scheduled hearing.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of left or right lower extremity neuritis and has not had one at any time during the pendency of the claim. The VA examiners' reports are highly probative, and based on their determinations, the Veteran's symptoms are attributable to his service-connected bilateral plantar fasciitis.
- Partly granted
The Board granted restoration of the 10 percent evaluation for left knee meniscus, effective April 21, 2025, and an additional 20 percent rating was also granted.
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