The Veteran's claim for an increased evaluation of his right knee disability was granted on August 21, 2009, which is the earliest date as of which it is factually ascertainable that an increase in disability has occurred.
The deciding factor: The effective date cannot be earlier than the date of receipt of a claim or the date entitlement arose, whichever is later. In this case, the Veteran's claim was received on July 27, 2009, and he was discharged from active duty on August 20, 2009.
- Claimed conditions
- Right Knee Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2018
- Citation
- 1802997
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 1802997.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Denied
The Board denied a rating in excess of 10 percent for GERD and remanded the issue of entitlement to a rating in excess of 10 percent for a right knee disability.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
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