The Veteran's claim for service connection for right knee replacement was granted in May 2015 with a final rating decision. The Veteran filed a notice of disagreement (NOD) on September 6, 2016, which is more than one year after the initial determination and thus not timely.
The deciding factor: The NOD was received more than one year after the May 2015 rating decision became final due to lack of timely response or submission of new evidence within a year.
- Claimed conditions
- Right Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175890
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 clothing allowances for a back brace and wheelchair, but denied them for a neck brace, bilateral knee braces, pain medication therapy, cane, and walker.
- Granted
The Veteran's right knee status post ACL reconstruction was restored to a 20 percent rating effective March 1, 2015. The appeal for an increased rating for his right knee degenerative joint disease is denied. Service connection for a sleep disorder and major depressive disorder are remanded.
- Granted
The Veteran's left knee disability is granted a separate 20 percent rating for dislocated semilunar cartilage with frequent episodes of locking, pain, and effusion.
- Granted
The Veteran's claims for increased ratings and service connection have been granted, but the criteria for higher disability ratings are not met at any point during this appeal.
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