The veteran's appeal regarding the August 1978 rating decision denying a total rating based on individual unemployability was denied due to lack of clear and unmistakable error. The RO found that the correct facts were not before the adjudicator at the time, but did not find any statutory or regulatory provisions incorrectly applied.
The deciding factor: The veteran failed to provide evidence showing that the August 1978 rating decision contained a clear and unmistakable error in determining his eligibility for a total rating based on individual unemployability.
- Claimed conditions
- residuals of a gunshot wound resulting in compound comminuted fractures of the 4th and 5th metacarpals, incomplete paralysis of the median nerve, deformity of the right hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2000
- Citation
- 0022985
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 0022985.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's service-connected disabilities contributed substantially and materially to cause his death, which was due to congestive heart failure.
- Denied
The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because there is no competent medical evidence indicating that the deformity of his right hand was caused by VA treatment.
- Denied
The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Hillcrest Medical Center on March 12, 2006 is denied because the evidence does not show that he was in an emergency situation, received prior authorization from VA, or sought post-treatment authorization within 72 hours. The care provided did not meet one of the regulatory conditions for payment under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.120.
- Remanded (sent back)
The Board has remanded the case due to insufficient development and a need for further examination.
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