The appeal regarding entitlement to service connection for a bilateral knee disability has been withdrawn and is dismissed. The appeal to revise the July 1986 rating decision that denied service connection for a bilateral knee disability on the basis of clear and unmistakable error (CUE) is denied.
The deciding factor: The July 1986 rating decision did not misapply (or fail to apply) the law in effect at that time, as it applied the presumption of soundness. The Veteran's argument regarding aggravation by active service was essentially a disagreement as to how the facts were weighed or evaluated.
- Claimed conditions
- bilateral knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2023
- Citation
- 23023411
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 23023411.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- Remanded (sent back)
The Board has remanded the claims for a neurological examination to determine if any diagnosed radiculopathy or other neurological disability affecting the lower extremities was caused or aggravated by service-connected conditions.
- Granted
The Veteran's service-connected knee disabilities were granted effective from January 2, 2022. The Board also remanded other issues including back and skin disorders.
- Remanded (sent back)
The Board has dismissed the issues of higher initial ratings for service-connected bilateral knee disability, migraine variants, and bilateral hearing loss as well as service connection for generalized anxiety disorder. The issues of service connection for right elbow lateral epicondylitis and left elbow lateral epicondylitis are remanded due to insufficient medical opinions regarding their etiology. Service connection for depression is also remanded due to conflicting diagnoses.
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