The Board has determined that there is no clear and unmistakable error in the effective date assignments for service connection, but found that there was clear and unmistakable error in the effective date assignment for the award of service connection for residual scars status post skin graft of the right leg. The Veteran's claims for increased ratings on an extra-schedular basis are denied.
The deciding factor: The Board determined that the effective dates assigned were not erroneous, but found that there was clear and unmistakable error in the August 29, 2011 rating decision which granted service connection for residual scars status post skin graft of the right leg with an effective date of May 10, 1972. The Veteran's claims for increased ratings on an extra-schedular basis are denied as they do not meet the criteria.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, L5-S1, Residual scars status post skin graft of the right leg, Gunshot wounds of the right leg with peripheral vascular insufficiency and injury to the popliteal artery and posterior and anterior muscles of the lower leg, Combined peroneal and tibial palsy of the right leg, Scar of the left hand due to gunshot wound, Degenerative joint disease of the right knee due to gunshot wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2016
- Citation
- 1601228
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 1601228.
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.
- Remanded (sent back)
The Veteran's claims for an increased rating and TDIU are remanded due to the need for a new VA examination to assess his current back disability.
- Remanded (sent back)
The Veteran's appeal is being remanded to obtain a VA examination and additional medical records, including Social Security Administration records. The goal of the remand is to provide an adequate evaluation for his service-connected degenerative disc disease of the lumbar spine prior to January 21, 2010.
- Denied
The Board denied the Veteran's claims for increased ratings for his service-connected cervical and lumbar spine disabilities, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.