The Board denied the motion for revision of the June 3, 2010, Rating Decision based on clear and unmistakable error.
The deciding factor: The record did not establish that the correct diagnostic code or application of 38 C.F.R. § 4.59 was incorrectly applied at the time of the June 3, 2010, Rating Decision, and a manifestly different outcome would not have occurred if the correct diagnostic code had been used.
- Claimed conditions
- right knee retropatellar pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2024
- Citation
- A24062262
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 30 percent disability rating for right knee retropatellar pain syndrome from August 23, 2010, and denied an earlier effective date for the grant of service connection for a right ankle disability.
- Denied
The Board denied the Veteran's request to revise the July 2006 rating decision that continued a noncompensable evaluation for bilateral knee retropatellar pain syndrome, finding no clear and unmistakable error.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for left knee instability, and in excess of 10 percent for both left knee degenerative joint disease and right knee retropatellar pain syndrome due to outstanding medical records and the need for an additional VA examination.
- Partly granted
The appeal for service connection for female sexual arousal disorder (FSAD) was dismissed. The reduction of the disability rating for left shin splints from 10 percent to noncompensable, effective January 27, 2022, was proper; the claim is denied. A rating in excess of 10 percent for various conditions was denied. An initial 10 percent rating for chronic sinusitis was granted.
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