The Board granted revision of the April 2007 rating decision on the basis of clear and unmistakable error (CUE) for right shoulder degenerative joint disease, assigning a 10 percent rating effective January 1, 2007. Other claims were denied.

The deciding factor: The correct facts, as known at the time, were before the VA adjudicators in April 2007, and there was no undebatable error that manifestly changed the outcome of the decision regarding other conditions.

Claimed conditions

right shoulder degenerative joint disease, left shoulder strain, right ankle strain, left ankle strain, right foot hallux valgus with pes planus and bunions, left foot hallux valgus with pes planus, plantar fasciitis, and bunions

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

10%

Decision date

October 21, 2025

Citation

A25090869

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