The Veteran's claims for service connection for instability of the left knee and left knee arthritis were denied in an April 2001 rating decision. The effective date was changed to March 28, 2012, when the Veteran filed a new claim.
The deciding factor: The Veteran did not file a notice of disagreement with the April 2001 denial and no evidence was submitted within one year of that decision, making it final. The effective date for the grant of service connection is based on the date of receipt of the new claim in March 28, 2012.
- Claimed conditions
- instability, left knee, left knee arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19123986
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.
- Partly granted
The Board granted service connection for left knee arthritis, right knee arthritis, and tinnitus. The increased evaluation claim for pes planus was denied, as was the increase in rating for the right wrist fracture. The reduction of the right wrist rating from 10 percent to 0 percent was found improper, restoring the 10 percent rating.
- Granted
The Veteran's service-connected left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral hand, hip, knee, and lumbosacral arthritis to provide further development.
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