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 Veteran's appeal for an earlier effective date for left knee disability was denied because no new and material evidence was submitted after the July 2008 Board decision.,The Veteran's appeal for an earlier effective date for radiculopathy with nerve involvement affecting bilateral lower extremities was denied as his claim was implicitly denied in the July 2008 Board decision.
The deciding factor: The Veteran withdrew his claim seeking an increased rating for service-connected painful scars of the right knee during a hearing before the Board.,No new and material evidence was submitted after the July 2008 Board decision to reopen the left knee disability claim, which had been denied as not well-grounded in April 1996.,The July 2008 Board decision implicitly denied service connection for radiculopathy with nerve involvement affecting bilateral lower extremities due to lack of evidence showing such condition was related to the low back disability.
- 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
Veterans Law Judge
Decisions by this judge: 1,762 · Granted: 24% (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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's service-connected disabilities, including major depressive disorder with anxious distress, lumbar spine disability, painful scars of the right knee, hypertension, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on this finding.
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