The Board denied the veteran's appeal, finding no clear and unmistakable error in the November 1969 rating decision that rated his shell fragment wounds as a single disability.
The deciding factor: The RO did not commit CUE by failing to rate separate disabilities for the right buttock and left leg shell fragment wounds because the evidence at the time of the decision did not show symptoms warranting separate ratings, and application of different diagnostic codes would not have changed the outcome.
- Claimed conditions
- shell fragment wound of the right buttock, shell fragment wound of the left leg
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 3, 2002
- Citation
- 0211096
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 0211096.
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.
- Denied
The Board denied the Veteran's claims for service connection and earlier effective date, finding no CUE in the September 1992 rating decision and that there was no pending claim prior to March 15, 2012.
- Granted
The Veteran is found to be unemployable due to his service-connected PTSD and other disabilities, which have rendered him incapable of maintaining gainful employment. His TDIU claim has been granted effective from August 8, 2013.
- Denied
The Veteran's claim for increased SMC based on need for higher level of aid and attendance is denied as he does not meet the criteria for receiving SMC at the maximum rate under 38 U.S.C.A. § 1114(o).
- Granted
The Veteran's service-connected disabilities prevented him from securing or maintaining substantially gainful employment as of December 11, 2009. The Board granted a TDIU effective that date.
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