The appeal for a rating in excess of 10 percent for left knee instability was dismissed as the Veteran did not file a timely Supplemental Claim to continuously pursue the claim.
The deciding factor: There is no justiciable case or controversy as the issue had already been finally decided by the Board and the Veteran failed to file a timely appeal or Supplemental Claim.
- Claimed conditions
- left knee instability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2025
- Citation
- A25032131
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- Denied
The Board denied restoration of the 30 percent ratings for left knee arthritis (flexion), left knee strain arthritis (extension), and left knee instability, as well as a 20 percent rating for left ankle chronic sprain. The Veteran's claims for increased ratings were also denied.
- Partly granted
The Board granted service connection for right knee gout and a rating of 50 percent for the Veteran's right wrist condition, while remanding several other issues related to his knees and instability.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.