The Board denied the Veteran's claim for an earlier effective date for service connection of a left knee disability, finding no clear and unmistakable error in the January 2008 rating decision.
The deciding factor: The Board found that the correct facts were known to the RO at the time of the January 2008 rating decision, including the Veteran's diagnosis of osteoarthritis of the left knee. The failure to obtain a VA examination was not considered CUE as it did not affect the outcome.
- Claimed conditions
- left knee arthritis, left ankle gunshot wound with traumatic arthritis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 25, 2018
- Citation
- 18138483
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 18138483.
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.
- Dismissed
The Veteran withdrew her appeal regarding the service connection for left and right knee arthritis, thus the appeal is dismissed.
- Granted
The Board has granted service connection for obstructive sleep apnea and dismissed all other appeals related to various joint conditions.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Denied
The Veteran's claim for special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s) is denied because he does not have a single service-connected disability rated as 100 percent disabling, and his disabilities do not meet the requirements of SMC under this section.
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