The Board has denied the Veteran's request to restore a temporary total evaluation for his right ulnar nerve disability, finding that there was clear and unmistakable error in granting such an evaluation. The decision also found that the evidence did not support at least one month of convalescence following surgery.
The deciding factor: The AOJ incorrectly applied the criteria for a temporary total evaluation based on surgical treatment requiring convalescence, which was not supported by the available evidence.
- Claimed conditions
- Right ulnar nerve disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 6, 2024
- Citation
- A24053569
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 A24053569.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for an earlier effective date for service connection of his right ulnar nerve disability, finding that the earliest date of receipt of a formal claim was August 13, 2019.
- Granted
The Board has granted a 30 percent rating for the Veteran's right ulnar nerve disability prior to January 11, 2021, finding that moderate incomplete paralysis of the ulnar nerve in the major upper extremity meets the criteria for this rating.
- Granted
The Board has determined that the Veteran's current right ulnar nerve disability, including post-surgery conditions, is at least as likely as not caused by or aggravated by his service-connected right shoulder disability. Therefore, service connection for this condition is granted.
- Dismissed
The veteran's appeal has been dismissed due to his death during the pendency of the appeal.
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