The Veteran's appeal for an initial, compensable rating for service-connected painful scars of the right knee was dismissed as he withdrew his claim.,The effective date for the grant of service connection for left knee medial meniscus tear with chondromalacia and degenerative changes is denied because it does not meet the criteria for earlier effective dates.,The effective date for the grant of service connection for radiculopathy with nerve involvement affecting bilateral lower extremities is denied as it does not meet the criteria for earlier effective dates.
The deciding factor: The Veteran withdrew his claim seeking an increased rating for service-connected painful scars of the right knee during a Board hearing.,There was no new and material evidence submitted to reopen the previously denied left knee disability claim after September 18, 2012.,The effective date for the grant of service connection for radiculopathy with nerve involvement affecting bilateral lower extremities is not earlier than July 27, 2012 as it was based on a new claim submitted by the Veteran.
- Claimed conditions
- painful scars of the right knee, left knee medial meniscus tear with chondromalacia and degenerative changes, radiculopathy with nerve involvement affecting bilateral lower extremities
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2019
- Citation
- 19145311
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied increased ratings for the Veteran's service-connected conditions, including painful scars of the right knee, left foot plantar fasciitis, residuals of fracture of the left talus, and adjustment disorder with mixed anxiety and depressed mood. The claims were denied as the evidence did not support higher ratings or an earlier effective date.
- Partly granted
The veteran was granted a 20% rating for painful scars on the right knee but denied a higher rating for degenerative arthritis of the right knee.
- Denied
The Board denied the use of the bilateral factor to calculate the Veteran's rating for service-connected painful scars of the left and right knees. The Veteran is already receiving a higher rating than warranted under the diagnostic code.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
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