The Board found that the severance of service connection for the appellant's residuals of a left elbow injury and a left forearm disorder was improper due to the lack of clear and unmistakable error in the November 2001 rating decision.
The deciding factor: The evidence did not establish CUE in the November 2001 rating decision that granted service connection based on direct service connection rather than secondary or aggravation.
- Claimed conditions
- Left Elbow Injury, Left Forearm Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2010
- Citation
- 1037825
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 1037825.
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.
- Denied
The Veteran's claim for an earlier effective date and increased rating for left elbow injury residuals was denied. The Board found that the evidence did not show symptoms warranting a higher rating within one year prior to the July 25, 2018, date of claim.
- Granted
The Board has assigned a 10 percent disability rating for the Veteran's left elbow injury, effective from August 1, 2011. This is based on painful motion due to arthritis.
- Granted
The Veteran's left elbow disability is currently rated at 40 percent, which corresponds to limitation of motion. The Board finds that the current rating adequately reflects the severity of his service-connected condition.
- Granted
The Veteran's acquired psychiatric disorder, including PTSD, is found to be at least as likely as not related to his service. Service connection for left elbow and right knee injuries is granted.
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