The Veteran's bilateral leg disorder is not service-connected as it was not caused or aggravated by his service-connected hypertension.,The February 1985 rating decision assigning a single 20% rating for cervical and lumbar spine arthritis under Diagnostic Code 5003 is denied on the basis of CUE.
The deciding factor: There is no evidence linking the Veteran's bilateral leg disorder to his service-connected hypertension. The VA examinations did not find any direct link between the two conditions.,The February 1985 rating decision incorrectly combined ratings for cervical and lumbar spine arthritis under Diagnostic Code 5003, which was a CUE.
- Claimed conditions
- bilateral leg disorder, hypertension, bilateral stasis dermatitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149649
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
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Other Board decisions on a similar condition or argued the same way.
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The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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