The Board denied the Veteran's claims for earlier effective dates for separate ratings of 10% each for symptomatic removal of semilunar cartilage in both knees, finding no legal authority to assign an earlier date and noting that there was no indication of a cartilage removal within one year prior to the June 30, 2010 claim.
The deciding factor: The Board found no written communication after the final July 2008 rating decision and before June 30, 2010, indicating an intent to file a claim for increased ratings of the Veteran's knee disabilities. The evidence did not show any cartilage removal in either knee within one year prior to the June 30, 2010 claim.
- Claimed conditions
- Symptomatic removal of semilunar cartilage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 1, 2024
- Citation
- 24005011
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 24005011.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's right knee disability, characterized by dislocation of semilunar cartilage and symptomatic removal of the same, is rated at 20 percent since May 21, 2010. The appeal for additional ratings prior to that date has been granted.
- Dismissed
The Veteran's appeal for a TDIU is dismissed as he has requested withdrawal of his appeal in its entirety.
- Granted
The Veteran's claim for a maximum 10 percent rating for symptomatic removal of the semilunar cartilage of the right knee is granted. The issues of rating in excess of 10 percent for painful limitation of motion associated with right knee chondromalacia and instability are remanded.
- Partly granted
The Veteran's right knee subluxation is rated at 30 percent since August 27, 2015. A separate 10 percent rating for symptomatic removal of semilunar cartilage has been granted.
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