The Board granted the appeal for revision of a November 1992 rating decision to reflect a grant of service connection for fibrocystic breast disease due to clear and unmistakable error (CUE) in the original decision.
The deciding factor: The November 1992 rating decision failed to apply the presumption of soundness correctly, as it did not provide clear and unmistakable evidence that the Veteran's fibrocystic breast disease existed prior to service. The Medical Board findings indicated that the condition was incurred during active service and worsened to the point of administrative discharge.
- Claimed conditions
- fibrocystic breast disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073798
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for fibrocystic breast disease, finding that the Veteran's condition had its onset in service and has continued since then.
- Remanded (sent back)
The Board remands the claims for an increased evaluation of fibrocystic breast disease and service connection for left and right sciatic nerve pain due to inadequate VA examinations.
- Partly granted
The Veteran was granted an initial 50 percent rating for migraine headaches from July 12, 2018 to February 4, 2020.
- Partly granted
The Veteran's claim for a compensable disability rating prior to July 30, 2013, for service-connected fibrocystic breast disease was granted, while the claim for a total disability rating based on individual unemployability (TDIU) prior to July 10, 2007, was denied.
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