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
- Not verified here — check the original 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 indexed 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. Read the original VA decision (opens in a new tab) using citation A24062262.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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