The Board denied earlier effective dates for increased ratings and service connection due to the fact that entitlement arose from worsening of pre-existing disabilities, as evidenced by May 2020 disability benefits questionnaires (DBQs).,No new evidence was submitted within one year prior to the receipt of the intent to file in October 2019.
The deciding factor: The effective date for increased ratings and service connection is based on the earliest date that it is factually ascertainable that an increase in disability occurred, which was May 14, 2020.
- Claimed conditions
- Cervical strain, IVDS with lumbosacral strain, Radiculopathy of the right lower extremity sciatic nerve, Radiculopathy of the left lower extremity sciatic nerve, Left knee instability, Right knee instability, Left knee patellofemoral pain syndrome, recurrent patellar dislocation and strain, limitation of extension, Right knee patellofemoral pain syndrome, recurrent patellar dislocation and strain, limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2022
- Citation
- A22021739
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 A22021739.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
- 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.
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