The Board denied earlier effective dates for the ratings of left knee arthritis with instability and loss of use of the bilateral lower extremities.
The deciding factor: It was not factually ascertainable that an increase in disability occurred during the year preceding the Veteran's July 2015 claim, and there were no formal or informal claims received between the December 2012 final rating decision and July 15, 2015.
- Claimed conditions
- left knee arthritis with instability, loss of use of the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001687
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.
- Partly granted
The Board denied increased ratings for various conditions but granted a 30 percent rating for left and right upper extremity weakness prior to November 13, 2024, and an earlier effective date of August 27, 2010, for total disability based on individual unemployability.
- Granted
The Board granted earlier effective dates for service connection and ratings related to Parkinson's disease, as well as special monthly compensation for the Veteran’s surviving spouse.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for left knee arthritis with limitation of motion, instability, and status post partial medial meniscectomy due to inadequacies in the previous decision and an increase in the severity of the Veteran's disability.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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