The Veteran's claim of service connection for a left arm fracture was granted, effective February 13, 1982. The November 1995 rating decision denying this claim is revised on the basis of clear and unmistakable error (CUE).
The deciding factor: The failure to note the Veteran’s soundness at entry into service and the subsequent diagnosis of an old fracture shortly after service resulted in improper application of the law.
- Claimed conditions
- Left arm fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2019
- Citation
- 19193615
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (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 19193615.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection for residuals of a fractured left arm was denied as there is no evidence of current disability or causal link to service.
- Remanded (sent back)
The appeal is remanded to the RO for further development of evidence regarding secondary service connection claims.
- Granted
The Board found that the veteran's injuries were not incurred due to willful misconduct and granted service connection for his disabilities from the September 1979 motor vehicle accident.
- Granted
The Board has granted service connection for a left arm fracture and subdural hematoma residuals as secondary to the veteran's service-connected PTSD.
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