The Veteran's appeal is denied as the Board finds no evidence of clear and unmistakable error in the June 1969 decision, and entitlement to an earlier effective date for SMC based on complete loss of use of the left upper extremity is not met. The temporary total evaluation for convalescence following surgery of the right elbow is granted, but the increase in excess of 10 percent for limitation of extension of the right elbow from September 24, 2014, to December 16, 2019 and the increase in excess of 30 percent for impairment of supination and pronation of the right elbow from September 24, 2014, to December 6, 2016 are denied. The 50 percent rating for intermediate ankylosis at an angle between 70 and 50 degrees for the right elbow as of December 17, 2019 is granted.
The deciding factor: The Board found no clear evidence to rebut the presumption of regularity in notifying the Veteran of the June 1969 decision denying complete loss of use of the left hand. The effective date was denied as entitlement arose prior to receipt of the claim for SMC based on loss of use of the left upper extremity.
- Claimed conditions
- complete loss of use of the left upper extremity, right elbow arthritis with rheumatoid arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2024
- Citation
- 24012771
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 24012771.
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