The Veteran seeks an earlier effective date for the grant of service connection for right knee instability, which is secondary to his pre-existing right knee osteoarthritis. The case must be remanded to determine if VA treatment records from prior to or within a year after August 2003 could have been considered in the context of his increased rating claim and whether they constitute new and material evidence.
The deciding factor: The effective date for service connection may be earlier than July 21, 2011 if there is new and material evidence showing an increase in disability within one year before the filing of the application for increase.
- Claimed conditions
- Right Knee Instability, Right Knee Osteoarthritis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2018
- Citation
- 1816718
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 1816718.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Denied
The Board denied service connection for right and left knee disabilities, finding that the current conditions are not related to service due to lack of evidence of a chronic condition during service or post-service continuity.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
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