The Veteran's claims for increased ratings and effective dates prior to July 15, 2013, were denied as the evidence did not show that increases in disability occurred prior to this date. The right knee scar was rated compensable but no higher, while the lumbosacral strain with degenerative arthritis and RLE radiculopathy received increased ratings effective July 15, 2013.
The deciding factor: The evidence did not show that increases in disability occurred prior to July 15, 2013, which is when the Veteran filed his claim for increased ratings.
- Claimed conditions
- Right Knee Scar, Lumbosacral Strain with Degenerative Arthritis, RLE Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 15, 2021
- Citation
- 21068829
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. Read the original VA decision (opens in a new tab) using citation 21068829.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service connection claims for various knee and back disabilities, as well as radiculopathy in the right lower extremity (RLE) and left lower extremity (LLE), have been granted. Service connection is also granted for a right hip disability secondary to his back disability.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The Veteran's hypertension, left knee flexion limitation, and instability of the left knee are all rated at their maximum allowable under VA regulations. The right knee scar is not compensable. The Board has remanded for further examination to determine the severity of these conditions without considering the ameliorative effects of medication.
- Whole decision: Dismissed
The Board has dismissed the Veteran's appeals for increased ratings and earlier effective dates in several of his claims, including those related to TBI, left shoulder, lumbosacral strain with degenerative arthritis, posttraumatic migraine headaches, and TDIU. The issues have been remanded for further examination and evaluation.
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