The Board dismissed the Veteran's appeal regarding an earlier effective date for PTSD and denied his claims for increased ratings for knee disabilities. The Veteran was granted service connection for PTSD in 2011, but did not timely file a notice of disagreement with the assigned effective date. His knees were found to have degenerative joint disease without ankylosis or additional symptoms due to semilunar cartilage removal, impairment of tibia/fibula, genu recurvatum, or symptomatic scarring. Instability was noted but did not meet criteria for higher ratings.
The deciding factor: The Veteran's claim for an earlier effective date for PTSD is dismissed as a freestanding claim prohibited by law due to the finality of the 2011 rating decision. The Board found no evidence that the receipt of a medal affected the June 2011 rating action, and thus did not consider 38 C.F.R. § 3.156(c).
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Left Knee Degenerative Joint Disease, Right Knee Degenerative Joint Disease, Left Knee Instability, Right Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070559
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Remanded (sent back)
The Board remands the claim for an earlier effective date for service connection of an acquired psychiatric disability, to include PTSD, as it needs a medical opinion addressing the nature and etiology of the condition prior to October 16, 2023.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Partly granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another since September 30, 2020.
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