The Board dismissed the appeal as to entitlement to an initial rating in excess of 10 percent for limitation of motion of the right knee, finding that there is no case in controversy regarding the issues raised in the July 2018 Notice of Disagreement.
The deciding factor: The Board interpreted the July 2018 Notice of Disagreement as a request for reconsideration and dismissed it because the notice did not clearly and specifically set forth an alleged error of fact or law in the May 2018 decision.
- Claimed conditions
- limitation of motion of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2023
- Citation
- 23064068
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 23064068.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claims for increased ratings and effective dates were denied. The Board found no factual basis to grant earlier effective dates.,The Veteran was granted a TDIU and DEA eligibility effective September 15, 2022.
- Granted
The Veteran's claim for service connection for limitation of motion and instability of the right knee is granted with an effective date of May 17, 2011. The Veteran's claims for increased ratings are remanded.
- Partly granted
The Board granted increased 20 percent ratings for limitation of motion of the left and right knees prior to their respective total knee replacements, but denied ratings in excess of 10 percent for instability of both knees and in excess of 30 percent for total knee replacements.
- Partly granted
The Board denied increased ratings for the Veteran's right and left knee disabilities, except for a 20 percent rating for instability of both knees as of June 13, 2025.
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