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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 0208631.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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).
- Whole decision: 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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