The Veteran's motion alleging clear and unmistakable error in the January 2006 rating decision, which assigned a 30 percent disability rating for his service-connected osteomyelitis of the right femur, is granted. The Board finds that the correct facts were not before the RO at the time, as the medical evidence showed a long history of intractability and debility, along with continuous constitutional symptoms.
The deciding factor: The January 2006 rating decision failed to apply the correct regulatory provisions for assigning the Veteran's disability rating due to his chronic osteomyelitis, resulting in an incorrect 30 percent rating. The medical evidence showed a long history of intractability and debility, along with continuous constitutional symptoms.
- Claimed conditions
- chronic osteomyelitis of the right femur
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- February 5, 2019
- Citation
- 19108650
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19108650.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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