The Board dismissed the claim of clear and unmistakable error (CUE) in a September 1995 rating decision that assigned a 30 percent rating for status post mitral valve replacement secondary to rheumatic heart disease. The veteran's and his representative argued that there was CUE because they believed VA should have considered a February 1993 medical treatment record from the Wenatchee Valley Clinic in Moses Lake, Washington, which suggested a higher disability evaluation. However, the Board found no evidence of constructive possession by VA of this document at the time of the September 1995 rating decision and dismissed the claim without prejudice.
The deciding factor: The veteran's and his representative failed to provide specific evidence or reasons showing that there was CUE in the September 1995 rating decision, as Bell v. Derwinski does not apply to non-Federal records and the February 1993 document was not part of the record at the time of the decision.
- Claimed conditions
- Rheumatic Heart Disease, Mitral Valve Replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 26, 2007
- Citation
- 0705437
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 0705437.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's ischemic heart disease is rated at 60 percent for the period prior to July 1, 2022. The Board also granted a TDIU for this period and dismissed the appeal for a TDIU from July 1, 2022 onwards as moot.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional development and medical opinions regarding his service-connected rheumatic heart disease and surgical scar.
- Denied
The Board denied the Veteran's claim for service connection for a heart disability, finding that his pre-existing conditions did not meet the criteria for aggravation during service and thus could not be service-connected.
- Denied
The Veteran's rheumatic heart disease with aortic valve replacement has been manifested by stable symptoms and no significant cardiac complications, warranting a current rating of 30 percent.
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