Citation Nr: 21074034 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 18-28 376 DATE: December 14, 2021 ORDER Entitlement to an effective date earlier that January 30, 2016 for the grant of service connection for right knee tendonitis is denied. REMANDED Entitlement to an initial disability rating in excess of 10 percent for right knee tendonitis is remanded. FINDING OF FACT The effective date for service connection for a right knee disability is January 30, 2016, the day after the Veteran's last day of service. CONCLUSION OF LAW The criteria for an effective date earlier than January 30, 2016 for the grant right knee tendonitis have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from October 2012 to January 2016. These matters come before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). During the pendency of the appeal, an April 2018, the RO increased the assigned rating for right knee tendonitis to 10 percent, effective from January 30, 2016. As this rating does not reflect the full grant of the benefit sought on appeal, the issue remains in appellate status. See AB v. Brown, 6 Vet. App. 35 (1993). 1. Entitlement to an effective date earlier that January 30, 2016 for the grant of service connection for right knee tendonitis The Veteran contends that she is entitled to an effective date earlier than January 30, 2016 for the grant of service connection for right knee tendonitis. Based upon a review of the evidence, and for reasons expressed immediately below, the Board finds that the currently assigned effective date of January 30, 2016 is the earliest effective date assignable for the award of service connection for right knee tendonitis. Unless specifically provided otherwise in the statute, the effective date of an award based on an original claim for compensation benefits shall be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. The effective date of an award of disability compensation shall be the day following separation from service or the date entitlement arose if the claim is received within one year of separation, otherwise the date of claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(b); 38 C.F.R. § 3.400(b)(2). The Veteran separated from active duty service on January 29, 2016. Her original claim of service connection for a right knee disability was received within one year of separation. Therefore, in accordance with 38 C.F.R. § 3.400, the RO has assigned an effective date of service connection for right knee tendonitis of January 30, 2016, the day after the Veteran's discharge from active duty service. No earlier effective date is assignable under the law. 38 C.F.R. § 3.400 (b)(2) (if a claim was received within one year after separation from service, the date of entitlement shall be the day following separation). See also Sabonis v. Brown, 6 Vet. App. 426 (1994) (noting that when the law is dispositive of the claim, then the claim must, as a matter of law, be denied because of the absence of legal merit or lack of entitlement under the law). Accordingly, the preponderance of the evidence is against the claim for an effective date prior to January 30, 2016 for the award of service connection for right knee tendonitis. In reaching this decision the Board considered the doctrine of reasonable doubt, however, as the preponderance of the evidence is against the Veteran's claim, the doctrine is not for application. 38 U.S.C. § 5107. REASONS FOR REMAND Entitlement to an initial disability rating in excess of 10 percent for right knee tendonitis is remanded. The Veteran contends that she is entitled to a higher initial rating for her service-connected right knee tendonitis. The record reflects that the Veteran most recently underwent a VA knee examination in March 2017. Thereafter, the evidence of record, including subsequent 2017 VA treatment records reflect increase in right knee pain and symptomatology. Specifically, the Veteran was noted to have slight genu recurvatum and tenderness to palpation and additional medication was also started to treat the right knee disability in July 2017. Further, additional diagnoses regarding the right knee include patellofemoral syndrome, distal iliotibial band friction syndrome, MCL strain, and low grade chondromalacia noted since the March 2017 VA examination also indicate worsened symptoms of this disability. On remand, after any outstanding treatment records have been associated with the claims file, a new examination should be scheduled to ascertain the current level of severity of the Veteran's service-connected right knee disability, as there is an indication that the condition may have worsened since her last VA examination. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records dated from July 2017 to the present and associate them with the Veteran's file. 2. Then, schedule the Veteran for a VA examination to determine the current severity of her service-connected right knee disability. The examiner should provide a full description of the right knee disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner should consider all applicable rating criteria, as during the pendency of the instant appeal VA revised the criteria for rating disabilities of the musculoskeletal system, effective February 7, 2021. See 85 Fed. Reg. 76453-469 (Nov. 30, 2020). Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Williams, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.