The Board denied the appeal for revision of the November 1994 rating decision, which denied a compensable rating for left ankle disability on the basis of clear and unmistakable error (CUE).
The deciding factor: The evidence did not clearly show that it was undebatable that the outcome would have been different but for the alleged CUE in the November 1994 rating decision.
- Claimed conditions
- status post fracture, left ankle
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2025
- Citation
- A25037793
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 granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right knee, and left knee as secondary to the service-connected right ankle due to a lack of development by the AOJ.
- Partly granted
The Board denied an earlier effective date for the award of service connection for hearing loss and granted an effective date of August 5, 2021, for the award of service connection for chronic sinusitis. The claims for increased ratings and additional service connection were also denied or remanded.
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