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
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Granted
The Veteran's residuals of fractured mandible are currently rated as 30 percent disabling since September 21, 2015. Prior to that date, the disability was rated at 10 percent.,Since September 21, 2015, the Veteran's facial scars have been rated as noncompensable (10%).,The Veteran's disabling effects of tongue scar are not compensable under VA rating criteria.,The Veteran's left facial nerve impairment is currently rated at 10 percent.
- Denied
The Board denied the veteran's increased rating claims for facial scars and residuals of fractured mandible, as there was no evidence showing severe disfigurement or malunion that would warrant a higher rating.
- 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.
- Denied
The VA determined that the veteran's residuals of a fractured mandible do not warrant any disability rating, as they are considered to be no more than slight displacement with no appreciable loss of interincisal range of motion or masticatory function but with some discomfort and perceived alteration of sensation in the right mandibular lip.
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