The Board found no CUE in the January 1984 rating decision that assigned a noncompensable evaluation for left calf shell fragment wound residuals. The effective date of April 26, 2000 is considered the earliest possible effective date as it was the date of the claim and there was no evidence showing an increase in disability prior to this date.

The deciding factor: The January 1984 rating decision did not assign a compensable evaluation due to CUE, but rather applied Diagnostic Code 7805 (other scars) instead of a muscle-related diagnostic code. The Board found that the veteran's left calf shell fragment wound residuals were more appropriately evaluated under a muscle-related diagnostic code which would have resulted in a higher rating.

Claimed conditions

left calf shell fragment wound residuals

How they argued it

Not specified

Exposure basis

None

Rating assigned

10%

Decision date

September 21, 2006

Citation

0629859

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 0629859.