The Board has denied the Veteran's claims for an earlier effective date and a rating in excess of 60 percent for his service-connected right knee post traumatic degenerative disease requiring total knee replacement. The claim to reopen the skin condition was remanded, and the increased rating for residuals of malaria issue is pending.
The deciding factor: The evidence did not show that it was factually ascertainable that the Veteran's disability increased in severity during the year prior to filing his claim for an increased rating.
- Claimed conditions
- Right knee post traumatic degenerative disease requiring total knee replacement, Left knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- July 15, 2019
- Citation
- 19154466
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 19154466.
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.
- Granted
The Board has granted service connection for osteoarthritis of the right knee and left knee, finding that the Veteran's current conditions are related to his military service. The issue of entitlement to service connection for obstructive sleep apnea is remanded due to potential toxic exposure in service.
- Granted
The Veteran's right knee meniscal tear with osteoarthritis rating was restored to 40%, and an effective date of July 26, 2013, for SMC based on need for aid and attendance was granted. The intermediate rate SMC effective date also aligns with this date.
- Denied
The January 17, 2013 rating decision denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities. The Board found that while the Veteran could not return to his previous employment as a plumber, he was capable of sedentary employment and therefore had not established clear and unmistakable error in denying his TDIU claim.
- Dismissed
The appeal is dismissed because the July 3, 2024, Rating Decision only proposed to combine ratings for bilateral shin splints and bilateral knee disabilities. The Veteran did not properly identify issues he was appealing.
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