The Board granted a 10 percent evaluation for left and right knee sprain, on the basis of clear and unmistakable error (CUE) in the September 2013 rating decision.
The deciding factor: The September 2013 rating decision did not assign the minimum compensable evaluation for painful motion of the knees based on CUE, as it failed to properly apply the provisions of 38 C.F.R. § 4.59 and consider functional loss due to pain during flare-ups.
- Claimed conditions
- painful motion of the left knee, painful motion of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 20, 2025
- Citation
- A25044829
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied service connection for GERD and various increased rating claims while granting a 30% disability evaluation for IBS with constipation, an effective date of November 12, 2021, for the award of a 20% rating for right shoulder instability, and a 10% rating for painful motion of the right knee.
- Denied
The Board denied the veteran's claims for increased ratings for his right knee, tinnitus, and bilateral uveitis, finding that the current ratings were appropriate based on the evidence of record.
- Partly granted
The veteran's claim for service connection for a left knee disability was granted. All other claims were denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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