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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 24034740.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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