The Veteran's claim for earlier effective dates for the increased ratings of his service-connected left and right knee disabilities was denied as it is not factually ascertainable that an increase in disability occurred within a year prior to the January 20, 2010, claim for increase.
The deciding factor: It is not factually ascertainable that the Veteran's bilateral knee disabilities increased in the year prior to the January 20, 2010, claim for increase.
- Claimed conditions
- left knee medial collateral ligament tear, right knee synovitis with symptomatic bipartite patella and plica excision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 14, 2018
- Citation
- 1809309
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 1809309.
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.
- Remanded (sent back)
The Veteran's claims for increased disability ratings and effective dates are being remanded due to the need for additional development, including scheduling VA examinations and obtaining updated VA treatment records.
- Remanded (sent back)
The Veteran's appeal is remanded for additional information about his work history and to implement the ratings as assigned in this decision.
- Denied
The Veteran's left knee medial collateral ligament tear is not manifest by arthritis resulting in occasional incapacitating exacerbations, flexion limited to 30 degrees, or extension limited to 15 degrees. As such, the claim for a rating in excess of 10 percent for this condition from July 3, 2014 to June 11, 2015 is denied.
- Denied
The Board found that the Veteran's left knee disability, including medial collateral ligament laxity, degenerative joint disease, total left knee arthroplasty (TKA), and adhesive capsulitis post-TKA, did not clearly and unmistakably pre-exist service. The evidence does not support a finding of aggravation during service or any other connection to military service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.