The Board denied the Veteran's claims that five prior rating decisions were products of clear and unmistakable error. The Board found that the Veteran's arguments constituted disagreements with how the Agency of Original Jurisdiction weighed evidence in final prior decisions, which cannot rise to the level of valid CUE claims.
The deciding factor: The Board concluded that challenging the weight given to evidence in prior final rating decisions does not establish clear and unmistakable error, as such challenges merely reflect disagreement with evidentiary weighing rather than demonstrating that the decisions were manifestly contrary to the record or that no rational basis existed for them.
- Claimed conditions
- Chronic cervical strain with headaches, Chronic right ankle synovitis, Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity, Mild degenerative changes of the right shoulder, Right fifth metatarsal fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2025
- Citation
- A25108408
Veterans Law Judge
Decisions by this judge: 869 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25108408.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cervical spine disability and radiculopathy of both upper extremities have been granted increased ratings, with the left upper extremity receiving a higher rating due to more severe symptoms.
- Denied
The Veteran's cervical strain is currently rated at 10 percent, but the evidence does not support a higher rating.,There is no current diagnosis of radiculopathy of the left upper extremity. The Veteran's service-connected cervical strain did not result in this condition.
- Dismissed
The Veteran's appeals for a Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA) prior to February 11, 2021 are dismissed as the issues remain pending in the Legacy system.
- Denied
The Veteran's claims for service connection for a cervical spine disorder and radiculopathy of the right upper extremity were denied due to lack of new and material evidence.,The effective date for the grant of service connection for these conditions was not earlier than April 22, 2016.
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