The Board denied revising a February 25, 1971 rating decision on the basis of CUE and denying assigning an effective date prior to September 26, 1997 for an award of TDIU. The errors identified did not manifestly change the outcome.
The deciding factor: The Board's error in applying the correct law at the time did not result in a different outcome.
- Claimed conditions
- shell fragment wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2006
- Citation
- 0630189
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's left shoulder disability, resulting from a shell fragment wound sustained during service, is currently rated at 20 percent and the claim for an increased evaluation has been denied.
- Denied
The Veteran's claim for an evaluation in excess of 10 percent for residuals of a shell fragment wound incurred in May 1970, to the right shoulder with foreign body and scar is denied. The appeal as to other issues are remanded.
- Denied
The Board has determined that the veteran does not have any right leg residuals or disorder due to a shell fragment wound injury or any other event or incident of his period of active service, including duty in Korea. Therefore, service connection for the claimed condition is denied.
- Granted
The Board has determined that the veteran's moderate disability of Muscle Group III, attributable to his service-connected shell fragment wound, warrants a 20% evaluation.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.