The veteran's combined rating of 70 percent for his service-connected disabilities was revised to 90 percent due to CUE in the February 10, 1949 rating decision. The effective date for a total disability rating based on individual unemployability is set at December 6, 2002.
The deciding factor: The veteran's service-connected disabilities warranted a combined evaluation of 70 percent at the time of the February 10, 1949 rating decision. The bilateral factor was not applied correctly in computing this evaluation, resulting in CUE.
- Claimed conditions
- compound comminuted fracture of the right tibia and fibula with secondary arthritis, lateral instability of the right knee with arthritis, residual scar of the right tibia with associated muscle damage, partial paralysis of the right peroneal nerve, osteomyelitis of the right tibia, chronic lumbosacral and left sacroiliac strain, chronic periarthritis of the right hip, residual scar of the left pelvis, residual scar of the right femoral
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- July 21, 2005
- Citation
- 0519866
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 0519866.
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.
- Granted
The Board finds that the evidence is in equipoise as to whether the Veteran's service-connected disabilities caused or contributed substantially to his death. Therefore, service connection for the cause of the Veteran's death has been granted.
- Remanded (sent back)
The veteran's claim for an increased rating for his osteomyelitis of the right tibia is being remanded due to the need for a comprehensive medical examination and further clarification of all residuals resulting from his service-connected condition.
- Granted
The Board found that the veteran's preexisting osteomyelitis of the right tibia was aggravated by service, but not incurred in or caused by service. The claim is granted.
- Denied
The Board denied compensation benefits pursuant to 38 U.S.C.A. § 1151 for osteomyelitis of the right tibia and left shoulder, finding no evidence linking the veteran's conditions to VA care.
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