The Veteran's claims for effective dates prior to January 10, 2014 for service connection were denied as the claims were not timely filed or supported by new and material evidence.,The Veteran's claims for increased disability ratings were remanded due to inadequate examination findings.
The deciding factor: The effective date was determined based on when the Veteran reopened his claim, which was January 10, 2014. The prior decisions denying service connection were final and not subject to revision.,The claims for increased disability ratings need further evaluation as the previous examination did not adequately assess the Veteran's current condition.
- Claimed conditions
- Left Knee Strain, Right Ankle Injury (associated with fracture of right foot), Right Foot Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2023
- Citation
- 23008525
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 23008525.
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.
- Granted
The Veteran's right and left knee strains, as well as shin splints, were granted increased ratings. The Veteran also received special monthly compensation at the housebound rate from October 25, 2017 to March 11, 2024.
- Remanded (sent back)
The Board has determined that the Veteran does not have a current disability of bilateral hearing loss for VA purposes and therefore, service connection is denied. The claims for tinnitus, an acquired psychiatric disorder (including PTSD), obstructive sleep apnea, and left knee strain are remanded due to pre-decisional duty to assist errors.
- Granted
The reduction of the rating for service-connected left knee strain from 30 percent to 10 percent was not proper, and restoration of the 30 percent rating is granted.
- Dismissed
The Board has dismissed the appeals for service connection of low back and right knee disabilities due to improper filing deadlines.
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