The Board has dismissed the Veteran's appeal for an evaluation in excess of 10 percent for right knee instability due to a finality issue. The claim for TDIU is remanded as it is intertwined with the spine rating claim.
The deciding factor: The September 2022 Board decision granted entitlement to a 10 percent rating for right knee instability, which became final after no appeal was filed within 120 days. The Veteran's request for an evaluation in excess of 10 percent is dismissed as the issue has been decided and cannot be appealed.
- Claimed conditions
- right knee instability, degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2023
- Citation
- A23035536
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 A23035536.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Granted
The Veteran's claim for service connection for degenerative arthritis of the spine was granted. The claims for service connection for obstructive sleep apnea and residuals of head injuries and concussions are remanded.
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