The Board found no CUE in the October 1968 rating decision that failed to grant SMC based on loss of use of the left foot. The veteran's conditions were service-connected, but the appeal was denied as there was no evidence of CUE.
The deciding factor: No clear and unmistakable error (CUE) existed in the October 1968 rating decision for failing to grant SMC based on loss of use of the left foot.
- Claimed conditions
- Amputation of the left great toe, Amputation of the left second toe with metatarsal involvement of the third and fourth toes and osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2004
- Citation
- 0433510
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 0433510.
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 Veteran's amputation of the left great toe was not reasonably foreseeable, and compensation under 38 U.S.C. § 1151 for this condition is granted.
- Denied
The Veteran's service-connected amputations of the left and right great toes are already rated at the highest possible rating (30%) under the applicable VA Rating Schedule, so any further increase in rating is denied.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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