The Board denied the Veteran's motion for reversal of the May 1, 2003 rating decision that granted service connection and assigned a combined 10 percent evaluation for lumbar spine spondylosis and bilateral knee osteoarthropathy and chondromalacia patella on the basis of clear and unmistakable error (CUE). The Board found no CUE in the May 2003 rating decision.
The deciding factor: The Veteran's argument for separate evaluations under DC 5003 was without merit as there were no compensable disabilities at the time, and his overall disability rating would have been lower than the assigned 10 percent disability rating if combined.
- Claimed conditions
- lumbar spine spondylosis, bilateral knee osteoarthropathy, chondromalacia patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 3, 2019
- Citation
- A19003266
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 A19003266.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a higher rating for right knee strain to ensure that the estimated range of motion provided for repeated use over time and during flare-ups is sufficient for rating purposes.
- Granted
The Board granted service connection for lumbar spine spondylosis as aggravated by the Veteran's service-connected degenerative joint disease of the lumbar spine with degenerative arthritis, and also granted an increased rating of 20 percent for the degenerative joint disease from April 18, 2024.
- Partly granted
The Board denied an effective date prior to November 4, 2009, for the grant of service connection for a back disability and granted service connection for right lower extremity radiculopathy. The claims for initial ratings, secondary service connection, and TDIU were remanded.
- Remanded (sent back)
The Board remands the claim for an increased rating in excess of 20 percent from June 20, 2016, to October 22, 2019, and in excess of 10 percent from October 23, 2019, for lumbar spine spondylosis due to a need for additional medical evidence regarding the severity of the disability without the ameliorative effects of pain medication.
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