The appeal regarding the timeliness of a March 2017 Notice of Disagreement (NOD) for service connection for acquired psychiatric disorder is dismissed.,Entitlement to an initial disability rating in excess of 10 percent for unstable scar of the medial vertical scar of the right knee and entitlement to an effective date earlier than June 12, 2009, for a noncompensable rating for scars of the medial vertical scar and medial small scar of the right knee are both dismissed.,Entitlement to a separate rating for right quadriceps and calf atrophy is denied.
The deciding factor: The Veteran withdrew his appeal regarding the timeliness of the March 2017 NOD for service connection for acquired psychiatric disorder, submitted to the December 2015 rating decision.,The evidence does not support a separate rating for right quadriceps and calf atrophy.,An effective date earlier than June 12, 2009, is not warranted for the assignment of noncompensable ratings for scars of the medial vertical scar and medial small scar of the right knee.
- Claimed conditions
- Acquired psychiatric disorder, Right knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2023
- Citation
- 23053620
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 23053620.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Remanded (sent back)
The Board has remanded the case for a determination on whether injuries sustained in a November 2001 incident were in the line of duty. The claim for service connection for an acquired psychiatric disorder is also remanded due to its interdependence with the line of duty issue.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error in failing to obtain private treatment records from the Veteran's treating clinician.
- Granted
The Veteran's claim for an earlier effective date of August 13, 2018, for the award of service connection for an acquired psychiatric disorder is granted. The Veteran also meets the schedular criteria for entitlement to TDIU prior to June 1, 2023.
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