The Board found that the reduction in rating from 10 percent to noncompensable for left elbow s/p fracture, left radial head supination and pronation impairment was proper due to clear and unmistakable error (CUE) in the March 2022 rating decision.
The deciding factor: The March 2022 rating decision awarded separate 10 percent ratings under DCs 5206 and 5213 based on painful motion, which was found to be undebatable error as there are no provisions in those DCs or in 38 C.F.R. § 4.59 to separately assign 10 percent ratings for painful but noncompensable motion.
- Claimed conditions
- left elbow s/p fracture, left radial head supination and pronation impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2025
- Citation
- A25023960
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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