The Veteran's appeal concerning the issue of a rating in excess of 60 percent for his left knee disability from February 28, 2011 is dismissed due to lack of case or controversy. The effective date issue related to the assignment of a 60 percent rating for his left knee disability remains pending and will be addressed in a SOC.
The deciding factor: The Veteran has limited his appeal to the effective date assigned for the 60 percent rating, which is part and parcel of his claim for a rating in excess of 30 percent from the date of his December 20, 2006 claim. As such, there remains no case or controversy as to whether he is entitled to the benefit sought.
- Claimed conditions
- left total knee arthroplasty with scar associated with post op lateral meniscectomy, left knee, some relaxation of cruciate ligaments and mild limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 13, 2015
- Citation
- 1520541
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 1520541.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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