The Board denied the Veteran's motion for revision of an April 1989 rating decision, finding no clear and unmistakable error in the assignment of noncompensable disability ratings for right and left knee conditions.
The deciding factor: The evidence available at the time did not reflect limitation of motion or any other impairment warranting a compensable rating under the diagnostic codes for knee disabilities, and reasonable minds could disagree on the application of 38 C.F.R. § 4.59 based on subjective reports of pain without objective evidence.
- Claimed conditions
- Right knee condition, Left knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2025
- Citation
- A25027888
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.
- Partly granted
The Board denied an initial compensable rating for bilateral hearing loss and remanded the service connection claims for vertigo, dry eye syndrome, and various bilateral conditions due to insufficient evidence.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded the claims for other specified depressive disorder, generalized anxiety disorder, somatic symptom disorder, alcohol use disorder, left hip condition, left knee condition, left lower extremity radiculopathy, left upper extremity radiculopathy, right hip condition, right knee condition, right lower extremity radiculopathy, right upper extremity radiculopathy, shin splints, left leg, shin splints, right leg, and traumatic brain injury (TBI) for further development.
- Partly granted
The Veteran's service-connected posttraumatic stress disorder (PTSD) is granted an evaluation of 70 percent disabling, but no higher. Other claims for service connection and increased ratings were denied or remanded.
- Granted
The Veteran's service-connected PTSD and related conditions have been found to warrant a 70 percent rating, but no higher. Additionally, the Veteran is granted a total disability rating based upon individual unemployability (TDIU) due to his service-connected disabilities.
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