The March 1972 rating decision incorrectly applied the correct legal standard, as it did not provide clear and unmistakable evidence that the Veteran's bilateral knee disability increased in severity due to natural progress during service. The Board finds CUE.
The deciding factor: The March 1972 rating decision failed to provide clear and unmistakable evidence showing that the increase in severity of the Veteran's bilateral knee disability was due to natural progression, which is required for veterans with wartime service.
- Claimed conditions
- bilateral chondromalacia of patella
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2010
- Citation
- 1016323
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 1016323.
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.
- Granted
The Veteran's current diagnosed bilateral chondromalacia of patella was incurred in active duty military service.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
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