The Board denied the Veteran's claim, finding that there was no clear and unmistakable error (CUE) in the March 8, 1990 rating decision that reduced his disability ratings for post-operative recurrent dislocations of the right shoulder and left fifth metatarsal fracture.
The deciding factor: The evidence before the RO at the time of the March 1990 rating decision did not warrant a higher disability rating under VA regulations and laws, thus the reduction was proper.
- Claimed conditions
- post-operative recurrent dislocations of the right shoulder, left fifth metatarsal fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 19, 2010
- Citation
- 1043529
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. Read the original VA decision (opens in a new tab) using citation 1043529.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board remands the claims for a new VA examination to assess the current severity of the service-connected left foot disability and to determine if there is an inextricably intertwined issue of entitlement to a TDIU.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for right hip disorder, left hip disorder, and right shoulder disorder due to inadequate etiological opinions. The Veteran's representative asserts that these conditions are secondary to his service-connected left foot fracture.
- Whole decision: Remanded (sent back)
The Board has denied the Veteran's claim for a disability rating in excess of 10 percent for her service-connected left fifth metatarsal fracture. The case is remanded for further action on her TDIU claim.
- Whole decision: Denied
The Veteran's service-connected residuals of a left fifth metatarsal fracture are currently rated at 20 percent, and the Board has determined that this rating is appropriate given the severity of his symptoms.
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