The Board granted a 10% disability rating for the Veteran's right knee surgical scar effective June 12, 2019. The Veteran attempted to appeal this decision by filing a Decision Review Request (DVR) but did not proceed with an appeal to the Court of Appeals for Veterans Claims (CAVC). As a result, his attempt to appeal is dismissed.
The deciding factor: The Veteran's attempt to challenge the March 2023 rating decision implementing the Board's March 2023 decision was barred as a matter of law due to the implementation rule and lack of filing an appeal to the CAVC.
- Claimed conditions
- Right Knee Surgical Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2023
- Citation
- A23028747
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 A23028747.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected conditions were granted increased ratings, and attorney fees are awarded for past-due benefits resulting from these decisions.
- Denied
The Veteran's claims for increased ratings and effective dates were denied. The appeal seeking an earlier effective date for hypertension was dismissed due to the finality of a prior rating decision. Service connection for neck pain, bilateral upper and lower extremity nerve conditions, and right hip disability based on limitation of abduction are remanded.
- Denied
The Board denied service connection for erectile dysfunction, granted a 10 percent rating for the painful right knee scar, and denied increased ratings for adjustment disorder with depressed mood and other conditions.
- Denied
The Veteran's appeal for an earlier effective date for his right knee surgical scar was denied. The Board found that the scar did not exist prior to the surgery and therefore, no earlier effective date is warranted.,The Veteran's claim for a compensable rating for his right knee surgical scar was also denied. The VA examiner concluded that there was no evidence of pain or instability in the scar.
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