The Veteran's earlier effective date claims for left knee status post revision arthroplasty, right hip strain, and right hip arthritis are denied as the increases in disability were not factually ascertainable prior to August 15, 2022.
The deciding factor: The increase in disability was not factually ascertainable before August 15, 2022, due to the Veteran already having a 100% rating for his left knee disability and moderate pain noted in VA treatment records prior to this date. The effective dates are set at the earliest date of factual ascertainability.
- Claimed conditions
- left knee status post revision arthroplasty, right hip strain, right hip arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 14, 2022
- Citation
- A22025319
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 A22025319.
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 Board has remanded several claims for further action, including effective date determinations and service connection determinations. The Veteran's service records from Portsmouth Naval Hospital are requested to be obtained.
- Denied
The Veteran's claim for an earlier effective date for service connection of his right hip disability is denied as the earliest date of entitlement is April 21, 2025.
- Dismissed
The Board has dismissed the appeals for left hip arthritis, right hip arthritis, type II diabetes, right lower extremity neuropathy, left lower extremity neuropathy, and sleep apnea as they have become service-connected in other rating decisions.
- Granted
The Board has granted service connection for obstructive sleep apnea and dismissed all other appeals related to various joint conditions.
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