The Board has determined that the July 2007 rating decision, which denied a separate rating for service-connected residuals of Wolff-Parkinson-White syndrome and hypertension on the basis of clear and unmistakable error (CUE), was incorrect. The Board found that the regulations in place at the time were not correctly applied, resulting in an undebatable failure to assign a separate analogous rating for the disability. As a result, the July 2007 rating decision is revised, and the Veteran is now entitled to a separate 30 percent rating for residuals of Wolff-Parkinson-White syndrome.
The deciding factor: The Board found that the regulations in place at the time did not correctly apply the terms set forth in 38 C.F.R. § 4.104, DC 7101 (hypertensive vascular disease), which requires separate ratings for hypertension and hypertensive heart disease.
- Claimed conditions
- residual chest pain, post-operative Wolff-Parkinson-White syndrome, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 16, 2024
- Citation
- A24056622
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 A24056622.
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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