The Board denied earlier effective dates for service connection of right knee arthritis and instability as the Veteran did not file a claim or present new and material evidence within one year of the October 2012 rating decision denying secondary service connection.
The deciding factor: No formal or informal claims were received prior to March 16, 2017 for service connection of right knee arthritis and instability as secondary to the service-connected left knee disability. The Veteran did not file a claim within one year of the October 2012 rating decision denying secondary service connection.
- Claimed conditions
- Right Knee Arthritis, Right Knee Instability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 27, 2024
- Citation
- 24034740
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 24034740.
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: Denied
The Veteran's claim for a higher rating prior to August 12, 2013 was denied as his right knee disability did not meet the criteria for a higher rating under Diagnostic Code 5003.,The Veteran's claim for a higher rating from April 1, 2016 was denied as he is already receiving the maximum allowable disability rating of 60 percent for total right knee replacement.
- Whole decision: Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Whole decision: Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Whole decision: Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
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