The Board denied the Veteran's claims for revision of rating decisions on the basis of clear and unmistakable error, finding no undebatable errors that manifestly changed the outcomes.
The deciding factor: The correct facts were before the VA adjudicators at the time of the relevant decisions, and the statutory and regulatory provisions extant at the time were correctly applied, with no undebatable error manifesting a different outcome.
- Claimed conditions
- left shoulder degenerative arthritis, temporomandibular joint disorder (TMJ), cervical spine degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2025
- Citation
- A25039473
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.
- Dismissed
The Board dismissed the appeals for earlier effective dates related to various left and right hip, knee, shoulder, and other conditions as they were freestanding claims not continuously pursued from the initial rating decisions.
- Denied
The Board denied the Veteran's claim for an initial rating greater than 10 percent for temporomandibular joint disorder (TMJ) as the evidence did not show a vertical inter-incisal opening measured between 21 to 29 mm even when considering flare-ups or dietary restrictions.
- Partly granted
The appeal was denied for a compensable disability rating for bilateral hearing loss, while other issues were remanded for further evidence and examination.
- Granted
The Board granted the appeals for severance of service connection for neck, left shoulder, and left upper extremity radiculopathy disabilities, as well as entitlement to service connection for headaches.
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