The Board has dismissed the Veteran's appeals for earlier effective dates of January 31, 2020 for his service-connected left and right knee instability ratings as the Veteran had already elected administrative review through a Higher-Level Review (HLR) decision.
The deciding factor: The Veteran's appeal was not valid because he had previously elected HLR for these issues in September 2020, which resulted in an earlier effective date of October 7, 2019 being granted by the AOJ and subsequently upheld by the Board in June 2021.
- Claimed conditions
- Left knee instability, Right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 13, 2021
- Citation
- A21016710
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 A21016710.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's right knee disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Granted
The Veteran's right knee disability, including limitation of extension and flexion, instability, and meniscus condition, is now rated at 20 percent effective March 7, 2020.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate medical opinion regarding the aggravation of a preexisting right knee condition during service. The Veteran's right knee condition was noted prior to service, and the VA examiner concluded it did not worsen beyond its natural progression.
- Granted
The Board has granted effective dates of June 17, 2010 for service connection and separate ratings for right knee instability and left knee instability.
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