The Board denied the claims for revision of the May 2012 rating decision on the basis of clear and unmistakable error (CUE) as there was no evidence that the outcome would have been different but for the alleged errors.

The deciding factor: The evidence at the time supported a moderate severity, which could support either a 20 percent or 30 percent rating. A disagreement on how the facts were weighed does not constitute CUE.

Claimed conditions

right leg neuropathy and neuritis of the internal popliteal nerve, left leg and foot shrapnel injury with scar

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 31, 2025

Citation

A25009106

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