The Board has determined that the October 1968 rating decision was clearly and unmistakably erroneous in failing to award an 80% evaluation for the service-connected fracture of the right femur with femoral and sciatic nerve damage and complete foot drop under Diagnostic Code 8520. To this extent, the veteran's claim for an earlier effective date for the award of the 80% evaluation is granted, effective January 1, 1969.
The deciding factor: The medical evidence at the time of the October 1968 rating decision showed that the service-connected disability undebatably met the criteria for an 80% evaluation under Diagnostic Code 8520. The RO applied the incorrect diagnostic code (Diagnostic Code 5255) which did not contemplate sciatic nerve damage, to include foot drop.
- Claimed conditions
- fracture of right femur, femoral and sciatic nerve damage, complete foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- March 13, 2006
- Citation
- 0607231
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
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