The Veteran's service-connected right and left knee disabilities, as well as his right shoulder disability and right hand fracture, were granted initial noncompensable ratings in January 1993. The Board has determined that there was clear and unmistakable error (CUE) in the assignment of these initial ratings, leading to a revision to grant separate 10 percent ratings for each joint affected.
The deciding factor: The RO failed to apply the correct regulatory provision at the time, resulting in an incorrect application of law or fact.
- Claimed conditions
- Patellofemoral Pain Syndrome (Right Knee), Patellofemoral Pain Syndrome (Left Knee), Right Shoulder Impingement Syndrome, Right Hand 5th Metacarpal Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 30, 2016
- Citation
- 1639683
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 1639683.
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 Board has granted service connection for a right shoulder disability, finding that the Veteran's current symptoms are related to his in-service injury.
- Granted
The Veteran's right shoulder disorder was denied service connection initially, but new evidence received after the March 2008 rating decision is relevant to this issue. The Board finds that a current diagnosis for right shoulder impingement syndrome exists and that it did not have its onset during service or otherwise be related to service.
- Remanded (sent back)
The Veteran's migraines are rated at 50% and her patellofemoral pain syndrome of the right and left knees remain at 10%. The case is remanded for further evaluation.
- Denied
The Veteran was granted service connection for various conditions, but the appeal regarding an earlier effective date for benefits under the VA PCAFC related to a June 2023 application is denied.
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