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
- Not verified here — check the original decision
- Decision date
- May 24, 2004
- Citation
- 0413247
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0413247.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for various disabilities, including low back, left hip, right hip, left shoulder, and right shoulder disabilities. The VA examinations did not provide adequate opinions regarding the etiology of these conditions.
- Whole decision: Granted
The Veteran's bladder cancer, hypertension, Bowen's disease (skin condition), thyroid condition (hypothyroidism/hyperthyroidism), back disability, left hip disability, osteopenia/osteoporosis, and right foot vascular disorder are all granted as presumptively related to herbicide exposure. The Veteran's service-connected bilateral knee disabilities are also found to be secondary to these conditions.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for thoracolumbar spine disability and left hip disability due to inadequate medical opinions in the original decision. The claims will be reconsidered with new medical opinions.
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