The May 1950 rating decision incorrectly reduced the disability evaluation for poliomyelitis from 100% to 60%. The Board found that a correct evaluation should have been an 80% under Diagnostic Code 8520.,The May 1973 rating decision denied a total rating based on individual unemployability. The Board determined there was no CUE, as the veteran's unemployment was due to a non-service-connected heart disorder.,The DIC claim is denied.
The deciding factor: In the May 1950 rating decision, the disability evaluation for poliomyelitis should have been an 80% under Diagnostic Code 8520 instead of 60%. The correct rating was not considered.,The May 1973 rating decision did not contain CUE as the veteran's unemployment was due to a non-service-connected heart disorder. The service-connected poliomyelitis disability alone did not meet the criteria for a total rating based on individual unemployability.,There is no evidence of new and material information or error in prior decisions that would warrant reopening the DIC claim.
- Claimed conditions
- Poliomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 5, 2007
- Citation
- 0700359
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. Search VA.gov for the original decision (opens in a new tab) using citation 0700359.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole 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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