The appeal of the proposed rating reduction from 40 percent to noncompensable for the service-connected left knee was dismissed due to a lack of jurisdiction.
The deciding factor: The May 2021 proposed rating reduction did not constitute an adjudication, but merely a proposal for future adjudication, and thus could not be appealed through a notice of disagreement.
- Claimed conditions
- left knee status post collateral ligament sprain, limitation of extension
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24072123
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the veteran's claims for higher ratings for bilateral hip disabilities, including femoral neck stress fractures and limitations of extension, flexion, and adduction.
- Remanded (sent back)
The Veteran's left knee disability, characterized as post-traumatic arthritis, is currently rated at 10 percent for the period prior to December 8, 2014 and at 60 percent since February 1, 2016. The issues of entitlement to increased ratings are remanded due to the need for further development.
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