The Veteran's claim for an earlier effective date of April 13, 2011 for a separate evaluation of 10 percent for right knee instability is denied as it was not factually ascertainable prior to July 1, 2011 that the Veteran met the criteria for this rating.
The deciding factor: The preponderance of evidence did not support an earlier effective date due to lack of factual ascertainability before July 1, 2011 for right knee instability.
- Claimed conditions
- right knee instability, degenerative joint disease, chondromalacia patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 10, 2019
- Citation
- 19102638
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19102638.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Remanded (sent back)
The Board has determined that the July 2024 fee decision is incomplete and does not properly identify the full issue at the center of the present appeal, including the specific amount of past-due benefits awarded and the amount withheld for fees. The case is therefore being remanded to provide a corrected fee decision.
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