The appeal to reverse or revise a July 2008 rating decision that denied service connection for a right shoulder condition on the basis of clear and unmistakable error (CUE) was denied, while the revision of the same rating decision to grant separate 10 percent ratings for the right knee, left knee, and right hip disabilities, and a noncompensable rating for the right elbow disability was granted.

The deciding factor: The July 2008 rating decision did not correctly apply the provisions of 38 C.F.R. § 4.59 in assigning a single 10 percent rating for osteoarthritis involving multiple joints, and thus committed clear and unmistakable error (CUE).

Claimed conditions

right shoulder condition, right knee disability, left knee disability, right hip disability, right elbow disability

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

10%

Decision date

October 28, 2025

Citation

A25093066

Want to see how appeals like this one tend to go? Appeals like mine