The RO denied the veteran's claim for an earlier effective date for service connection of left hip disability, stating that the previous determinations were not clearly and unmistakably erroneous.
The deciding factor: The RO determined that whether the veteran's pre-existing left hip disability was aggravated during service is a question of judgment within the discretion of the rating specialist and that the benefit of the doubt rule does not apply to CUE claims.
- Claimed conditions
- Left hip disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 24, 2004
- Citation
- 0413247
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 0413247.
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.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
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