The Board denied the Veteran's claim for revision based on clear and unmistakable error (CUE) of a December 1992 rating decision that assigned an initial noncompensable rating for a left knee disability.
The deciding factor: The evidence did not meet the stringent definition of CUE, as reasonable minds could differ on whether a compensable rating should have been assigned based on the available service treatment records and regulations at the time.
- Claimed conditions
- left knee disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2025
- Citation
- A25024469
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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
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