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
Veterans Law Judge
Decisions by this judge: 281 · Granted: 32% (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 A25023960.
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- Granted
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