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
Veterans Law Judge
Decisions by this judge: 1,455 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
Service connection for tinnitus is granted.,An increased rating of 30 percent, but no higher, is granted for gastroesophageal reflux disease (GERD) from February 1, 2020.
- Remanded (sent back)
The Veteran's claim for increased ratings for chondromalacia patella, patellofemoral pain syndrome right is remanded due to a duty-to-assist error in the evaluation of his service-connected knee disability.
- Denied
The Veteran's claim for a compensable rating for lumbar spine spondylosis was denied due to his failure to report for a scheduled VA examination.,Service connection for cervical spine disability, left foot disability (hallux valgus), GERD, headache disability, and hypertension were all denied as the evidence did not meet the criteria for service connection.,The Veteran's claim for increased rating of lumbar spine spondylosis was denied due to his failure to report for a scheduled VA examination.
- Denied
The Board denied an earlier effective date for the grant of service connection for left knee osteoarthritis, meniscal tear, and chondromalacia patella, finding that the Veteran's claim was not entitled to such a retroactive effective date due to lack of new and material evidence submitted within one year of the February 2015 rating decision.
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