The Veteran's petition to reopen his service connection claim for a left knee disability is granted. The Board finds new and material evidence in the form of medical treatise articles submitted by the Veteran's attorney, which supports a relationship between overuse injuries and arthritis development. As such, the claim for service connection for a left knee disability is reopened. However, the initial compensable rating for allergic rhinitis remains remanded due to worsening symptoms since the last VA examination.
The deciding factor: The submitted medical treatise articles support a relationship between overuse injuries and arthritis development, which meets the low threshold established in Shade v. Shinseki (2010).
- Claimed conditions
- left knee disability, arthritis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2018
- Citation
- 18139144
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 18139144.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
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