The Board has determined that the effective date for service connection of resection of the left 5th rib should be changed from April 2, 1998 to December 1, 1953.
The deciding factor: The failure to grant service connection for resection of the left 5th rib in a March 1954 rating decision was clearly and unmistakably erroneous due to evidence showing that the veteran underwent the procedure coincident with treatment for tuberculous pleurisy, which occurred prior to his discharge from service.
- Claimed conditions
- resection of the left 5th rib, tuberculous pleurisy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2001
- Citation
- 0109788
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 0109788.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has determined that the Veteran's tuberculous pleurisy does not meet the criteria for a compensable rating, as his Forced Vital Capacity (FVC) and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath (DLCO (SB)) are both above the threshold values required for a 10% disability rating under Diagnostic Code 6832. The Veteran's symptoms do not warrant a higher rating.
- Remanded (sent back)
The Veteran's tuberculous pleurisy disability is being remanded for further evaluation to determine its current severity.
- Denied
The Board denied the veteran's claim for an increased rating for residuals of tuberculous pleurisy, finding that he failed to report for a required VA examination aimed at determining whether he had current, disabling residuals of tuberculous pleurisy.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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