The Board denied the applications to revise a March 2021 rating decision based on clear and unmistakable error (CUE) for various claims of service connection, finding no evidence that the correct facts were not before the RO or that the applicable statutory and regulatory provisions were incorrectly applied.
The deciding factor: The Veteran's argument was that VA constructively possessed an October 2013 VA treatment record which was not added to his claims file until 2016, but this did not meet the stringent definition of CUE as required by law.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Degenerative arthritis of the cervical spine, Radiculopathy of the right upper extremity (dominant extremity), Left upper extremity (non-dominant extremity), Radiculopathy, right lower extremity (sciatic), Radiculopathy, left lower extremity (sciatic), Radiculopathy, right lower extremity (femoral), Radiculopathy, left lower extremity (femoral), Degenerative arthritis of the left knee, Degenerative arthritis of the right knee, Gastroesophageal reflux disease (GERD), Hypertension, Coronary artery disease (CAD), Erectile dysfunction, Bilateral hearing loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2025
- Citation
- A25018752
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (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 A25018752.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
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