The Board denied earlier effective dates for the grant of service connection for right and left knee degenerative joint disease, finding that the September 2015 rating decision became final due to lack of timely appeal.,The Board also remanded the claims for an initial disability rating in excess of 10 percent for the service-connected left and right knee disabilities.
The deciding factor: The effective date for a grant of service connection is typically the day following separation from active service or the date entitlement arose if within one year. The September 2015 rating decision became final due to lack of timely appeal.,VA treatment records prior to September 2020 were not obtained, and a new VA examination was required for an accurate assessment of the Veteran's current knee disabilities.
- Claimed conditions
- Right Knee Degenerative Joint Disease, Left Knee Degenerative Joint Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2023
- Citation
- 23056108
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 23056108.
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 left knee disability is rated at 40 percent for limitation of extension, effective December 18, 2025. The Veteran also received separate ratings for instability and dislocation of semilunar cartilage.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings and earlier effective dates are remanded due to inadequate examination.
- Granted
The Veteran's right knee degenerative joint disease resulted in functional loss due to pain, instability, and required the use of a walker. The Board granted a 20 percent rating for this condition.
- Granted
The Veteran's bilateral hearing loss was rated at 0 percent, and he is granted a TDIU based on his service-connected disabilities. The Board found that the Veteran met the schedular requirements for a TDIU from July 27, 2007.
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