The Board has determined that the April 1978 rating decision denying service connection for a right knee disability is not subject to revision on the basis of clear and unmistakable error (CUE). However, new evidence received since then supports reopening the claim. The Veteran's current right knee arthritis and osteoarthritis are being remanded for further evaluation.
The deciding factor: The April 1978 rating decision did not contain CUE because it was based on a possible diagnosis of early arthritis at the time, which is consistent with the medical evidence available at that time. The new evidence received since then supports reopening the claim and requires an opinion regarding whether the Veteran's current right knee conditions are related to service.
- Claimed conditions
- Right Knee Arthritis, Osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2019
- Citation
- 19179538
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.
- Partly granted
The Board dismissed the appeal for service connection for OSA and denied a rating in excess of 10 percent for left knee patellofemoral pain syndrome. The remaining issues were remanded for further development.
- Partly granted
The Veteran is granted an effective date of October 21, 2019, for a disability rating of 30 percent for left knee meniscal tear, ACL tear, and osteoarthritis status post left total knee replacement.
- Denied
The Board denied service connection for osteoarthritis and a neck disability, finding that the evidence does not support a causal relationship between these conditions and the Veteran's active service.
- Partly granted
The appeal was dismissed for the claim of entitlement to service connection for an acquired psychiatric disability, and service connection for migraine headaches was restored. Several claims for service connection were denied.
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