The Veteran's appeal for a rating in excess of 10 percent for left knee lateral release and medial reefing with degenerative arthritis has been dismissed as the claim was not perfected within one year from the notification of the denial. The right knee disorder claim is reopened due to new evidence received since the November 2006 decision.
The deciding factor: The Veteran did not file a timely NOD or substantive appeal for the left knee lateral release and medial reefing with degenerative arthritis issue, leading to its dismissal as a matter of law. The right knee disorder claim was reopened due to new evidence received since the November 2006 decision.
- Claimed conditions
- left knee lateral release and medial reefing with degenerative arthritis, right knee disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 7, 2014
- Citation
- 1449728
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 1449728.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, and will need an opinion regarding whether the Veteran's right knee disorder is related to his parachute jumps during service.
- Granted
The Board has granted the Veteran's request to readjudicate his claims for service connection for a lumbar spine disorder and obstructive sleep apnea, but denied his claim for right knee disorder. The Board also remanded the cases of left leg disorder and lumbar spine disorder.
- Denied
The Board has denied service connection for chronic fatigue syndrome, fibromyalgia, right lower extremity radiculopathy, left lower extremity radiculopathy, and a right knee disorder. The evidence did not meet the criteria for direct service connection as there was no in-service diagnosis or continuity of symptomatology.
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