Early Effective Date

[Fat]

Filed for a bi lateral knee condition in early 2001, late 2000.

The claim was denied and I didn't file a NOD.

In 2009, I filed another claim for right knee condition.

Should have been evaluated for service connection due to "aggravation of preexisting injury".

Tore the patellar tendon in the 9th grade.

Claim was denied (no report of injury or incident in service records) and NOD filed.

NOD was denied (I doubt they looked at my entrance exam citing knee issue) and FORM 9 filed.

I am currently awaiting for the BVA to hear the issue.

If the BVA grants service connection, can I file a NOD for the earlier effective date in 2001?

Or would I have to reopen the 2001 claim and if that's granted, then file a NOD for the earlier effective date of 2001?

[Buck52]

I understand broncovet,

I had my dates all mixed up...so I deleted my post.

Thanks for the info.

...........Buck

[jbasser]

Be aware that aggravation of a pre existing condition opens the RO up to all kinds of trickery. You are bound by the laws that state spacifically: Only to the extent of the agravation.

That means if the rating is at 20 percent for the isue, the VA can subtract and assign a zero percent at their leisure.

J

[FormerMember]

Know also that your failure to file the NOD within one year of the 2001 denial effectively terminated that claim. Even if you won tomorrow, your effective date would be the 2009 reopen unless they did something wrong. CUE is the only way besides using 38 CFR 3.156 (c ) to achieve that earlier date. It's called finality. If you objected to the denial in 2001, you should have filed a disagreement. You in essence said you agreed with their findings.

As for having an injury in 9th grade prior to service, the metric employed is that it had to increase in disability while you were in service and be documented in order to obtain service connection. The presumption of soundness only applies to a clean bill of health at induction. If they find out you were injured before service and it was not revealed, this blows the presumption. See Bell v. Derwinski (1992) Personally, I doubt you'll be able to recoup the 2001 date absent any administrative irregularity on VA's part. Sadly, we learn the way to a win after a few losses.

[Fat]

Thanks.

The knee injury was documented on my entrance exam; however it seems they tried to service connect me on inservice injury instead of aggravation of preexisting injury.