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

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