The Board found that there was CUE in the October 2004 rating decision, and reduced the Veteran's ratings for right and left knee chondromalacia with arthritis from 20% to 10%, effective June 3, 2004.
The deciding factor: The RO found clear and unmistakable error (CUE) in its October 2004 rating decision that increased the Veteran's ratings for right and left knee chondromalacia with arthritis from 10% to 20%, effective June 3, 2004.
- Claimed conditions
- right knee chondromalacia with arthritis, left knee chondromalacia with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 7, 2013
- Citation
- 1304512
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 1304512.
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 increased ratings for the Veteran's left and right knee disabilities, finding that the evidence did not support a higher disability rating.
- Partly granted
The veteran's claims for increased disability ratings for knee conditions were denied. The appeals for service connection for lumbar and cervical spine disabilities were dismissed due to untimely filing. The appeals for bilateral shoulder disabilities and sleep apnea were remanded.
- Granted
The Veteran's service connection claims for left and right knee chondromalacia with arthritis, as well as depression secondary to his knees and ulcerative colitis, are granted. The claim for depression is remanded due to a duty to assist error.
- Remanded (sent back)
The Veteran's left knee chondromalacia with arthritis is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted.,The Veteran's right knee chondromalacia with osteoarthritis prior to November 17, 2023, is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted.,The Veteran's right knee chondromalacia with osteoarthritis from November 17, 2023, is currently rated as 20 percent disabling, and the Board finds that a higher rating is not warranted.
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