The Board granted an earlier effective date for service connection of left knee strain and instability from June 24, 2008. Attorney fees in the amount of 20% of past-due benefits awarded are granted.
The deciding factor: The June 2010 Notice of Disagreement (NOD) was considered valid for the October 2009 denial of service connection for left knee strain and instability, leading to an earlier effective date in July 2014.
- Claimed conditions
- left knee strain, left knee instability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 21, 2020
- Citation
- 20068301
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for bilateral hip and knee disabilities, as well as a TDIU claim, to ensure adequate VA examinations are conducted.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
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