The Board has determined that the October 1957 and November 1962 rating decisions, which reduced and continued the veteran's polio residuals rating to 50 percent, were based on clear and unmistakable error (CUE). As a result, the total schedular evaluation for the veteran's service-connected residuals of poliomyelitis is reinstated.
The deciding factor: The Board found that the October 1957 and November 1962 rating decisions failed to consider whether material improvement in the veteran's condition had occurred under ordinary conditions of life, as required by VA regulations at the time. The decision also noted that the veteran was a student during this period.
- Claimed conditions
- Poliomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 29, 2006
- Citation
- 0619073
Veterans Law Judge
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 0619073.
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 finds that the Veteran's current right upper, left upper, and left lower extremity disorders are not causally or etiologically due to service, did not manifest to a degree of 10 percent or more within one year of discharge, and are not due to or aggravated by his service-connected poliomyelitis disability.
- Denied
The Board found that the Veteran's poliomyelitis with residual weakness of the leg and joints pre-existed his military service and was not permanently aggravated by active service.
- Granted
The Veteran's residuals of poliomyelitis affecting the left lower extremity have been granted a rating of 60 percent, effective from the date of the decision.
- Denied
The veteran's claim for an earlier effective date for the grant of service connection for residuals of poliomyelitis, left leg, is denied as it was not received prior to May 10, 2001.
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