The Board has determined that there was clear and unmistakable error in the March 1981 RO decision, which found the veteran's disabilities were not incurred in line of duty due to willful misconduct. The effective date for service connection is now December 22, 1979.
The deciding factor: The March 1981 administrative decision failed to correctly apply the presumption that injuries are presumed to have been incurred in the line of duty unless it was clear and unmistakable that the injury was due to willful misconduct. The Board found this error constituted CUE.
- Claimed conditions
- Left Arm Fracture, Fractured Mandible
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2006
- Citation
- 0602121
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.
- Denied
The Board denied the veteran's claims for increased disability evaluations, finding that he is not entitled to a rating in excess of 30 percent for residuals of mandible fracture with temporomandibular joint dysfunction prior to June 14, 2005 and found no basis to grant a higher evaluation based on the current evidence.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
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