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
Veterans Law Judge
Decisions by this judge: 1,455 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Denied
The Veteran's claims for service connection for left ankle strain, right ankle strain, and right knee retropatellar pain syndrome were denied as there is no evidence of entitlement prior to the date of receipt of his claim on February 8, 2008.
- Dismissed
The Veteran's appeal for increased ratings was dismissed due to his withdrawal of the claim. The initial rating for left knee retropatellar pain syndrome prior to April 22, 2023 is denied. A separate 20 percent rating is granted for limitation of extension of the left knee. An initial rating in excess of 10 percent for right knee retropatellar pain syndrome (limitation of flexion) from April 22, 2023 is denied but a higher rating under Diagnostic Code 5260 is granted. The Veteran's right wrist strain disability remains at the maximum schedular rating.
- Remanded (sent back)
The Board has remanded the claims for a higher initial rating for right shoulder bursitis with degenerative joint disease and right knee retropatellar pain syndrome, as well as the claim for TDIU due to lack of substantial compliance with previous remand directives.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.