The Veteran's claim for an earlier effective date for his right knee total arthroplasty rating is denied as the increase in disability was not factually ascertainable within one year of the August 2012 claim.,The Veteran's claim for an earlier effective date for his left knee limitation of extension rating is denied as the increase in disability was not factually ascertainable within one year of the August 2012 claim.
The deciding factor: The Board found that the evidence prior to September 30, 2015 did not reflect an increase in severity warranting a higher rating.
- Claimed conditions
- Right Knee Total Arthroplasty, Degenerative Joint Disease of the Left Knee with ACL Reconstruction
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2022
- Citation
- 22068203
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 22068203.
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 Veteran's TDIU claim was denied as his service-connected disabilities do not meet the schedular criteria for a TDIU rating, and he is capable of performing substantially gainful employment.
- Denied
The Veteran's claim for a higher rating for right knee disability and radiculopathy of the left lower extremity (LLE) was denied. The right knee disability is rated at 60 percent, effective December 30, 2022.
- Granted
The Veteran's claim for an initial rating in excess of 30 percent for residuals of total right knee replacement was denied. However, the Veteran received a grant of service connection for right knee numbness (external popliteal nerve) with a 20% disability rating effective July 24, 2018.
- Denied
The Veteran's right knee total arthroplasty is not rated higher than 30 percent from January 1, 2015, to February 5, 2018. For the period beginning December 5, 2011, and thereafter, a separate compensable rating under diagnostic code 5257 is denied.
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