The Board denied the Veteran's appeals to establish clear and unmistakable error (CUE) in the June 1997 and July 2007 RO rating decisions that denied service connection for right shoulder degenerative joint disease and bilateral knee degenerative joint disease, respectively. The claims were based on direct service connection without any presumption or secondary relationship.
The deciding factor: The Board found no CUE in the June 1997 and July 2007 RO rating decisions as they applied the correct regulations (38 C.F.R. § 3.303(b)) and considered all relevant evidence, including STRs that showed arthritis diagnoses during service.
- Claimed conditions
- Right Shoulder Degenerative Joint Disease, Bilateral Knee Degenerative Joint Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 12, 2018
- Citation
- 18118306
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 18118306.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's acquired psychiatric disorder, including Generalized Anxiety Disorder and Major Depressive Disorder, is service-connected.,The Veteran's chronic gastritis is service-connected.,The Veteran's bilateral ankle degenerative joint disease is service-connected.,The Veteran's cervical spine condition to include strain and pain is service-connected.,The Veteran's bilateral hip degenerative joint disease is service-connected.,The Veteran's bilateral foot degenerative joint disease is service-connected.,The Veteran's bilateral shoulder degenerative joint disease is service-connected.,The Veteran's bilateral knee degenerative joint disease is service-connected.
- Denied
The Veteran's initial disability rating for her service-connected right shoulder degenerative joint disease and rotator cuff tendonitis is denied as the evidence does not show that her range of motion is limited to less than 25 degrees from the side.
- Remanded (sent back)
The Board has decided to remand the claims for an increased rating for right shoulder degenerative joint disease and right shoulder instability due to inadequate VA examination prior to the December 12, 2024 rating decision.
- Partly granted
The Board granted service connection for sinusitis and depressive disorder, but denied service connection for chronic fatigue syndrome, right leg shin splints, left leg shin splints, a higher rating for the right knee, and other conditions. The decision was based on the evidence of record.
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