The Board denied service connection for a right knee disability in August 1989, and the moving party is challenging this decision on grounds of CUE. The motion alleges that there was no clear and unmistakable error (CUE) in the decision.
The deciding factor: The Board considered all relevant medical documents and found no objective evidence of a right knee injury sustained during service. The statement made by the veteran regarding his preexisting 'trick' knee condition is more credible as it is based on history provided contemporaneously with treatment.
- Claimed conditions
- Right knee disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2003
- Citation
- 0313187
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0313187.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Granted
The Board has granted the Veteran's claim for service connection for a right knee disability, finding that his current diagnosis of right knee strain is related to his military service.
- Dismissed
The Veteran's claims for service connection have been dismissed due to their death.
- Dismissed
The Veteran's appeal for service connection of a right knee disability was dismissed as the request to file an appeal was not timely.
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