The Board found that the reduction in the veteran's combined service-connected evaluation from 70% to 50%, based on a finding of clear and unmistakable error in a February 1990 rating decision, was proper.
The deciding factor: The RO found the assignment of the 70 percent evaluation to be clearly and unmistakably erroneous due to the provisions of 38 C.F.R. § 4.68 (2001), which precluded a combined evaluation exceeding 40 percent for disabilities of an extremity.
- Claimed conditions
- left ankle fusion, left tibia fracture, left great toe disorder, right iliac crest scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- July 30, 2002
- Citation
- 0208631
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 0208631.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for headaches as secondary to the Veteran's service-connected PTSD, but denied service connection for asthma, carpal tunnel syndrome, hypertension, and left tibia fracture.
- Remanded (sent back)
The Board has decided to remand the case due to conflicting opinions on whether the Veteran's service-connected disabilities render him in need of regular aid and attendance. The case is being sent back for clarification.
- Granted
The Veteran is unable to secure or follow a substantially gainful occupation due to the cumulative effects of his service-connected disabilities, and the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Board has determined that new and relevant evidence has been submitted to reconsider the service connection claim for a left great toe disorder. The lung disorder claim is also remanded due to the need for additional medical examination.
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