The Veteran's claim for an earlier effective date for a 10 percent rating for his degenerative arthritis, left knee, and old ACL injury was denied as it is not factually ascertainable that the disability warranted such a rating prior to May 16, 2014.
The deciding factor: The Veteran's claim for an earlier effective date was denied because there was no evidence of record showing that his degenerative arthritis, left knee, and old ACL injury warranted a compensable disability rating under the relevant rating criteria within one year prior to May 16, 2014.
- Claimed conditions
- degenerative arthritis, old ACL injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 2, 2020
- Citation
- 20000262
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.
- Dismissed
The appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
- Granted
The Board granted service connection for a right foot disability, diagnosed as degenerative arthritis, fibrocartilaginous calcaneonavicular with lateral cuneiform cuboid coalition, other unspecified right ankle disorder, and status post right foot fracture.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
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