The Board found that the January 1953 rating decision, which assigned a 10 percent evaluation for shell fragment wound residuals of the left thigh, was not the result of clear and unmistakable error (CUE). The veteran's claim seeking to overturn this decision is denied.
The deciding factor: The determination regarding CUE must be made based on the record and the law that existed at the time the January 1953 rating decision was made. Evidence from subsequent examinations, such as a September 1953 VA medical examination, cannot be used to determine if CUE occurred.
- Claimed conditions
- shell fragment wound of the left thigh
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 7, 2007
- Citation
- 0706697
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 0706697.
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.
- Partly granted
The veteran was granted a 20 percent rating for left knee instability prior to February 7, 2021, and restoration of a separate 10 percent rating for a shell fragment wound of the left thigh. Other issues were denied or remanded.
- Remanded (sent back)
The Board has remanded three issues: increased rating for shell fragment wound of the left thigh, service connection for a low back disorder, and service connection for bilateral radiculopathy of the lower extremities. The Veteran is required to undergo VA examinations for these issues.
- Denied
The Veteran's claim for a higher rating for residuals of a shell fragment wound of the left thigh before July 3, 1997 was denied by the Board. The evidence showed that the injury involved Muscle Group XIII and Muscle Group XIV in the same anatomical region affecting the left knee joint.
- Partly granted
The Veteran's service-connected left thigh fragment wound residuals are rated at 10 percent, with a separate rating of 10 percent for muscle damage. The Board has determined that the Veteran is entitled to these ratings based on his service-connected disability.
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