The Board has determined that there was clear and unmistakable error in the June 1995 rating decision denying service connection for a back condition. As a result, the claim is granted, and the veteran's CUE claim renders moot the issue of whether new and material evidence has been presented to reopen his claim for service connection for a back disability. The Board also found that there is no PTSD or psychiatric disability other than PTSD secondary to service-connected disabilities of both knees. A 30 percent rating was assigned for chondromalacia with moderate laxity in the right knee, and a separate 10 percent rating was assigned for arthritis resulting in limited flexion of the right knee. Similar ratings were assigned for the left knee.
The deciding factor: The June 1995 rating decision involved clear and unmistakable error (CUE) as it failed to consider that the veteran's back condition was aggravated by his service-connected knee conditions, which would have resulted in a different outcome if the CUE claim had been addressed first. The Board also found no PTSD or psychiatric disability other than PTSD secondary to service-connected disabilities of both knees.
- Claimed conditions
- back condition, bilateral foot disability, post-traumatic stress disorder (PTSD), psychiatric disability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- July 31, 2008
- Citation
- 0825678
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 0825678.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Granted
The Board has determined that the Veteran's bilateral foot disability is related to his active military service and grants service connection for this condition.
- Dismissed
The Veteran's appeal for service connection for sleep apnea has been dismissed due to the withdrawal of his request.,Service connection for a back condition is denied as there is no evidence that the condition began during service or is related to an in-service injury, event, or disease.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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