The August 1, 2023 Board decision was found to be clearly and unmistakably erroneous in restoring service connection for right knee DJD with meniscal tear and basic eligibility to DEA under 38 U.S.C. Chapter 35, and the appeals regarding whether the severance of these benefits were proper are denied.
The deciding factor: The Board made a factual error in finding that the RO's determination to sever service connection for right knee DJD with meniscal tear was improper, as it was based on the Veteran being in receipt of separate service connection for right knee DJD, which had been awarded 10 percent ratings under DC 5003 for painful motion.
- Claimed conditions
- right knee degenerative joint disease (DJD) with meniscal tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 20, 2024
- Citation
- 24033227
Veterans Law Judge
Decisions by this judge: 1,990 · Granted: 35% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 24033227.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has ordered a remand for further development, including obtaining new VA examinations to address the Veteran's claims of service connection and ratings for her knee and headache disabilities. The specific issues are related to right carpal tunnel syndrome, tension headaches, right knee DJD with meniscal tear, left knee meniscus tear status post arthroscopy with DJD, and left knee instability.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection for right CTS, a compensable rating for tension headaches, and ratings in excess of the current ones for her knee disabilities are remanded due to inadequate medical opinions regarding the nature and etiology of these conditions.
- Whole decision: Remanded (sent back)
The Veteran's claim for a TDIU is being remanded due to the pending nature of his other service-connected disability claims. The Board finds that his TDIU claim is inextricably intertwined with his other claims.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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