The June 1985 rating decision denying service connection for aortic insufficiency should be reversed due to clear and unmistakable error (CUE), as the RO's determination that there was no indication of aortic insufficiency in service was factually erroneous. The outcome would have been manifestly different had this error not been made.
The deciding factor: The June 1985 rating decision's factual determination that service treatment records failed to show any indication of aortic insufficiency was undebatably factually erroneous, as the records contained clinical findings and diagnoses of aortic insufficiency. Had this error not been made, service connection for aortic insufficiency would have been granted.
- Claimed conditions
- aortic insufficiency
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2009
- Citation
- 0905899
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.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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