The Board denied the claim of clear and unmistakable error (CUE) in the April 1972 rating decision that granted service connection for residuals of shrapnel wound and fracture of the right wrist, as reasonable minds could disagree about whether the disability was moderately severe or severe.
The deciding factor: The evidence at the time did not provide sufficient information to determine if the Veteran's injury warranted a 'severe' rating based on historical VA regulations which allowed for consideration of anatomical location in determining muscle injuries.
- Claimed conditions
- shrapnel wound of right wrist, fracture of the right radius
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178700
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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