The September 1983 Board decision that denied entitlement to a disability rating in excess of 10 percent for the residuals of the amputation was found to be clearly and unmistakably erroneous, as it failed to consider whether the February 1970 award of a separate 10 percent rating for the scar was correct or if the discontinuation of the 10 percent rating for the scar in October 1982 was proper. The Board determined that the veteran is entitled to restoration of his 10 percent disability rating for the scar from January 1, 1983.
The deciding factor: The error in the September 1983 decision was undebatable and would have manifestly changed the outcome as it failed to apply the correct laws and regulations at the time, specifically regarding clear and unmistakable error (CUE) and the reduction of disability ratings.
- Claimed conditions
- amputation, distal third of the proximal phalanx, right ring finger, tender and painful scar associated with a service-connected amputation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903377
Veterans Law Judge
Decisions by this judge: 2,645 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0903377.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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