The Board denied the motions for revision of a July 2011 rating decision on the basis of clear and unmistakable error (CUE) to assign separate disability ratings for right knee and shoulder disabilities.
The deciding factor: The evidence did not clearly and unmistakably demonstrate that the Veteran had arthritis in his right knee or shoulder, and the law at the time did not undebatably require a higher rating based on painful motion alone.
- Claimed conditions
- arthritis of the right knee, arthritis of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2025
- Citation
- A25037520
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 claims for service connection for arthritis of the left knee and right knee to ensure compliance with a Joint Motion for Partial Remand from the Court.
- Denied
The Board denied service connection for various conditions, including residuals of a head injury, bilateral hearing loss, neck disability, gout of the right ankle, unspecified trauma or stress related disorder, tinnitus, and other musculoskeletal issues.
- Dismissed
The veteran withdrew all pending appeals, and the Board has no jurisdiction to review these issues.
- Denied
The Board denied service connection for various conditions, including arthritis of the entire skeletal system (other than cervical spine, right shoulder, bilateral hands, and left foot), a left knee condition (other than arthritis), and other specific joints. The claims were not granted.
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