The Board dismissed the claim for service connection for a right knee condition and denied service connection for chronic back pain, including as secondary to a right knee condition.
The deciding factor: The Veteran's Notice of Disagreement was not timely filed, making the August 2013 rating decision final. Additionally, there is no evidence linking the chronic back pain to an in-service injury or disease, and service connection cannot be granted on a secondary basis as the right knee condition existed prior to active service.
- Claimed conditions
- right knee condition, chronic back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24070397
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Partly granted
The Board granted service connection for right and left knee conditions, denied a rating in excess of 40 percent for right lower extremity sciatic radiculopathy, and denied special monthly compensation based on loss of use of a lower extremity.
- Remanded (sent back)
The Board remands the claims for service connection for left and right knee conditions as new evidence has been received that is relevant to these claims.
- Remanded (sent back)
The Board remands the claims for service connection for back, left wrist, left and right knee, and left and right shoulder conditions due to missing personnel records and an inadequate VA medical opinion.
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