The Board has determined that the Veteran's claim for an earlier effective date is dismissed as it represents a free-standing earlier effective date claim, not related to any prior final decision.
The deciding factor: The claim is dismissed because it represents a free-standing earlier effective date claim for a grant of an additional evaluation of 10% for a retained foreign body, related to the previously-service connected residuals of a shell fragment wound. The Veteran has not raised an allegation of CUE with any prior final RO or Board decision.
- Claimed conditions
- shell fragment wound, retained foreign body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 13, 2012
- Citation
- 1242550
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 1242550.
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 death was not due to a service-connected disability that had been continuously rated totally disabling for at least ten years immediately preceding his death, or within five years of his discharge from active duty. Therefore, DIC benefits under 38 U.S.C. § 1318 are denied.
- Granted
The Veteran's left wrist brace, used to treat his service-connected shrapnel wound in the left hand with a retained foreign body, tends to cause wear and tear to his clothing. The Board granted an annual clothing allowance for the 2022 calendar year for this wrist brace.
- Dismissed
The Board has dismissed the appeals for service connection for bullet and shell fragment wounds, as well as other claims due to the Veteran's death.
- Remanded (sent back)
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities is remanded. The Board requested a medical examination and opinion but found that the provided reports were not substantially compliant with their instructions.
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