The Veteran's appeal for an effective date prior to January 6, 2020 for a rating of 50 percent for right elbow residuals of right arm shrapnel wound is dismissed.,The Veteran's appeal for an initial rating in excess of 20 percent for the appeal period prior to January 6, 2020 for right elbow residuals of right arm shrapnel wound is dismissed.,The Veteran's appeal for an effective date prior to April 2, 2012 for a 30 percent rating for residuals of shell fragment wound, right ulnar nerve, major extremity is dismissed.,The Veteran's appeal for an earlier effective date for service connection for residual scars, right elbow (associated with underlying soft tissue) is granted.
The deciding factor: The Board found that the March 2022 decision was final and did not require additional notice or a hearing as it was beyond its jurisdiction.,The AOJ's August 2015 rating decision denied the Veteran's claim for an earlier effective date, finding no clear and unmistakable error in the 1974 rating decision.,The Board dismissed the Veteran's CUE claim in April 2012 due to lack of a specific right elbow injury claim.,An earlier effective date was granted based on the findings from the 1973 VA examination showing scars resulting from the same injury.
- Claimed conditions
- Right elbow, Right ulnar nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2024
- Citation
- A24074001
Veterans Law Judge
Decisions by this judge: 2,329 · Granted: 31% (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 A24074001.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received with respect to all the service connection claims on appeal. The claims are being remanded for further development, including obtaining VA examinations and medical opinions to determine the nature and etiology of the claimed conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various joint disorders, including left elbow, right elbow, left hip arthritis, right hip arthritis, left knee, right knee, left ankle, right ankle, left wrist, and right wrist disorders. The issues are related to whether these conditions were incurred or aggravated by active service.
- Denied
The Board denied the Veteran's claims for service connection for various disabilities, including right elbow, left ankle, and right ankle disabilities. The Board found that there was no evidence of a chronic disability during active duty or related to in-service injuries.,Service connection was also denied for left hip, right hip, right knee, and left foot disabilities due to lack of a causal relationship with service-connected conditions.
- Remanded (sent back)
The Board has determined that the Veteran's current knee and elbow conditions are not related to his service, while his left shoulder condition is not related to his service-connected PTSD. The right shoulder condition remains unclear due to a pre-existing condition at entrance into service.
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