The Veteran's appeal is remanded for further action on his hearing loss claim and right knee disability. The Board finds that the effective date of service connection should be July 20, 1968, but no earlier, due to a deficiency in the 1969 decision notice. For his right knee disability, a separate 20 percent rating is granted for meniscectomy residuals from October 26, 2015.
The deciding factor: The Veteran's hearing loss claim arose on July 20, 1968, and an effective date of service connection retroactive to that date is warranted due to a deficiency in the 1969 decision notice. For his right knee disability, application of Diagnostic Code 5258 is appropriate as it allows for a higher rating than Diagnostic Code 5259.
- Claimed conditions
- Right Knee Osteoarthritis, Meniscus (semilunar cartilage) condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 3, 2021
- Citation
- 21006155
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 21006155.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for earlier effective dates for his awards of ratings for right and left knee osteoarthritis based on limitation of extension. The evidence did not show a compensable limitation of extension prior to February 6, 2025.
- Denied
The Board denied service connection for right and left knee disabilities, finding that the current conditions are not related to service due to lack of evidence of a chronic condition during service or post-service continuity.
- Remanded (sent back)
The Veteran's appeal for higher ratings for his right knee disability is remanded due to the need for additional medical evidence and consideration of medication effects.
- Remanded (sent back)
The Veteran's claims for higher ratings for right knee instability, limited range of motion (ROM), and scar are being remanded due to duty-to-assist errors.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.