The Board has granted the Veteran's claims of service connection for patellofemoral pain syndrome, left knee, patellofemoral pain syndrome, right knee, and right knee instability based on a finding of clear and unmistakable error (CUE) in the March 2007 rating decision.
The deciding factor: The Board found that the March 2007 rating decision incorrectly applied the provisions of 38 U.S.C. § 1117 and 38 C.F.R. § 3.317, which allows for presumptive service connection based on undiagnosed illness or medically unexplained chronic multi-symptom illnesses in veterans who served in the Southwest Asia theater.
- Claimed conditions
- patellofemoral pain syndrome, left knee, patellofemoral pain syndrome, right knee, right knee instability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2023
- Citation
- A23034771
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 A23034771.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claims for service connection for patellofemoral pain syndrome, left knee; right knee strain with instability (limitation of flexion); and right knee strain with instability (impairment of the knee) have been granted effective December 30, 2022.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Remanded (sent back)
The Board has determined that the July 2024 fee decision is incomplete and does not properly identify the full issue at the center of the present appeal, including the specific amount of past-due benefits awarded and the amount withheld for fees. The case is therefore being remanded to provide a corrected fee decision.
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