The veteran's appeal was dismissed because his substantive appeal did not include the issue of whether there was clear and unmistakable error (CUE) in a March 1977 RO decision that assigned an initial evaluation of 20 percent for residuals of a shrapnel wound to right calf. The issues of entitlement to a rating in excess of 30 percent and to an effective date earlier than May 30, 2002, for the assignment of a 30 percent rating for residuals of shrapnel wound to right calf with damage to muscle group XI are addressed in the REMAND portion of the decision.

The deciding factor: The veteran's substantive appeal did not include the issue of whether there was CUE in a March 1977 RO decision that assigned an initial evaluation of 20 percent for residuals of a shrapnel wound to right calf, thus the Board has no jurisdiction over this issue and it is dismissed.

Claimed conditions

residuals of shrapnel wound to right calf with damage to muscle group XI

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

May 3, 2006

Citation

0612762

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 0612762.