The Board denied the applications to revise a May 2013 rating decision based on clear and unmistakable error (CUE) for various service connection claims, including breathing condition with chest pain, left knee condition, left wrist condition, bilateral eye condition, low back strain, and pain radiating into the bilateral lower extremities.
The deciding factor: The Veteran did not establish that the correct facts were not before the RO at the time of the May 2013 decision or that the RO incorrectly applied applicable statutory and regulatory provisions.
- Claimed conditions
- breathing condition with chest pain, left knee condition, left wrist condition, bilateral eye condition, low back strain, pain radiating into the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- A24071065
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.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Partly granted
The appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Partly granted
The Board granted service connection for right and left knee conditions, denied a rating in excess of 40 percent for right lower extremity sciatic radiculopathy, and denied special monthly compensation based on loss of use of a lower extremity.
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