The Board denied the Veteran's motions to reverse or revise on the basis of clear and unmistakable error (CUE) in several rating decisions denying service connection for various conditions. The Veteran argued that VA failed to consider a truck accident during his military service, but the Board found no CUE as there was not clear evidence establishing the occurrence of the MVA.
The deciding factor: The Board found that the correct facts were not before the adjudicators and that the statutory or regulatory provisions in existence at the time were correctly applied. The Veteran's arguments did not rise to the level of CUE, as he ultimately disagreed with the judgment of the adjudicators deciding the claims at those times.
- Claimed conditions
- Right Shoulder Disorder, Headaches, Low Back Disorder, Head Injury, Cervical Spine Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2024
- Citation
- A24026169
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 A24026169.
What this means for you
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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 denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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