The Board found that the July 1999 rating decision contained clear and unmistakable error in assigning effective dates for the right knee disabilities, but granted earlier effective dates based on a later April 2019 rating decision. The issues of whether there was clear and unmistakable error in the July 1999 rating decision remain unresolved.
The deciding factor: The Board found that the Veteran had submitted an unadjudicated claim for his right knee disabilities prior to February 15, 1996 and May 17, 1999, which was not addressed in any previous rating decisions. This could constitute clear and unmistakable error.
- Claimed conditions
- Postoperative residuals of injury to the right knee, Right knee traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2019
- Citation
- 19155652
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 19155652.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for increased ratings and effective dates were denied, except for an effective date of September 21, 2015, for the assignment of a noncompensable rating for right knee limitation of extension.
- Partly granted
The Board granted the restoration of a 20 percent rating for left knee anterior cruciate ligament deficiency and denied an increased rating in excess of 20 percent. The right knee issues were remanded for further examination.
- Partly granted
The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from March 30, 2011, warranting a TDIU.
- Remanded (sent back)
The Board has remanded the claims for further development, including obtaining retrospective findings from an appropriate clinician to determine the severity of the Veteran's service-connected right knee disability and issuing a supplemental statement of the case on entitlement to increased ratings.
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