The Board dismissed the Veteran's appeal of the July 2011 decision assigning a 20 percent evaluation for his service-connected right retropatellar pain syndrome, status-post right knee surgery prior to February 2009. The claim is being remanded for further development and consideration.
The deciding factor: The Board found that the Veteran's appeal of the July 2011 decision was not timely filed as he did not seek reconsideration or file a Notice of Appeal with the Court, which would have preserved his right to appeal the issue. As such, the appeal is dismissed.
- Claimed conditions
- Right retropatellar pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2014
- Citation
- 1417380
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 1417380.
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 of service connection for various lower extremity and joint disabilities, including edema, hip, hand, elbow, retropatellar pain syndrome, ankle, and rotator cuff syndromes, has been reopened. The claims are granted as the evidence shows that these conditions began during active service.
- Granted
The Veteran's right retropatellar pain syndrome was initially rated as non-compensable, but from December 14, 2006 to May 27, 2009, he received a 10% rating for his disability.
- Denied
The Board denied an initial rating greater than 10 percent for right retropatellar pain syndrome, finding that the disability has been manifested throughout the appeal period by knee pain on use and increased pain during activities. The preponderance of evidence is against a higher rating.
- Granted
The Veteran's service-connected right retropatellar pain syndrome, status-post right knee surgery was found to meet the criteria for a 20 percent evaluation due to symptoms including frequent episodes of 'locking', pain and effusion into the joint.
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