The Board denied the Veteran's claims for revision of the November 1978 rating decisions that denied service connection for right thigh and right knee disabilities due to a finding of clear and unmistakable error (CUE). The decision concluded there was no CUE in the original determinations.
The deciding factor: The Board found that the original determination did not contain CUE as it correctly applied the law at the time, including the presumption of soundness under 38 U.S.C. § 1111 and the burden-shifting framework for aggravation by service.
- Claimed conditions
- right thigh myositis ossificans, right knee internal derangement
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 23, 2024
- Citation
- A24027183
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. Read the original VA decision (opens in a new tab) using citation A24027183.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Veteran was granted a separate compensable evaluation for right knee instability, with a 20 percent rating throughout the appeal period. The initial evaluation in excess of 10 percent prior to March 26, 2024, and in excess of 20 percent thereafter for right knee internal derangement was denied.
- Whole decision: Partly granted
The Board denied a rating greater than 10 percent for right knee internal derangement, chondromalacia, and degenerative arthritis with painful motion, denied a compensable rating for the same condition with limited extension, but granted a 10 percent rating for right lateral knee instability.
- Whole decision: Remanded (sent back)
The Board remands the claim for a right knee disability, to include as secondary to service-connected disabilities, due to an inadequate VA examination and duty-to-assist errors.
- Whole decision: Partly granted
The Board granted revision of the July 2013 rating decision that assigned a 10 percent rating for right knee internal derangement on the basis of clear and unmistakable error (CUE) but denied revision of the 20 percent rating for right shoulder internal derangement.
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