The Board granted an earlier effective date of December 6, 2005, for the award of a 10 percent rating for both the Veteran's left and right knee disabilities due to clear and unmistakable error in the prior decision. The back disability claim was denied.
The deciding factor: The December 2006 rating decision contained undebatable errors that would have manifestly changed the outcome, leading to an earlier effective date for the back disability based on CUE. For the knee disabilities, the RO failed to correctly apply the provisions in 38 C.F.R. § 4.59, resulting in clear and unmistakable error.
- Claimed conditions
- lumbosacral strain (back disability), left knee patellofemoral syndrome, right knee patellofemoral syndrome
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2025
- Citation
- A25107510
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