The Board has dismissed the issue of whether there was clear and unmistakable error (CUE) in a December 26, 2000 RO rating decision to assign an effective date of August 16, 2000 for service connection for left knee disability. The case is REMANDED for consideration of the specific CUE issue regarding whether there was CUE in a March 15, 2002 RO rating decision assigning a 10 percent rating for the service connected left knee disability.
The deciding factor: The Board has dismissed the issue of CUE in the effective date assignment and is now remanding to address the specific CUE question regarding the initial disability rating assigned in March 2002.
- Claimed conditions
- left knee anterior cruciate ligament repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2019
- Citation
- 19130728
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (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 19130728.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to non-compliance with prior remand directives, and further development is required.
- Remanded (sent back)
The Board has remanded the case due to failure to issue a Statement of the Case (SOC) addressing whether there was clear and unmistakable error in the March 2002 rating decision that assigned a 10 percent rating for the service-connected left knee disability.
- Denied
The Board denied the veteran's claim for an increased rating for his left knee disability due to his failure to report for scheduled VA examinations, finding that he failed without good cause.
- Denied
The Board denied the veteran's claims for service connection for a neck injury and an increased rating for left knee anterior cruciate ligament repair, finding no current disability or evidence of continuity of symptomatology. The claim for service connection was denied due to lack of medical diagnosis and the claim for increased rating was denied as there is no compensable disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.