The Board denied the requests to revise a March 13, 1997 rating decision that assigned noncompensable ratings for right knee patellofemoral pain syndrome and lumbosacral strain on the basis of clear and unmistakable error (CUE).
The deciding factor: The evidence available at the time did not show objective evidence of painful motion or other criteria to warrant a compensable rating under 38 C.F.R. § 4.59, and the correct facts were before the adjudicator in March 1997.
- Claimed conditions
- Right knee patellofemoral pain syndrome, Lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2025
- Citation
- A25026044
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.
- Remanded (sent back)
The Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
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