The Veteran was granted an earlier effective date of October 1, 1997, for the award of service connection for residuals of a gunshot wound to the right foot. The motion for revision or reversal on the basis of CUE of a December 1997 rating decision that denied service connection for a right foot GSW was dismissed. An earlier effective date for service connection for radiculopathy of the RLE with femoral nerve impairment (claimed as right leg nerve condition) and entitlement to service connection for a right knee, hip, or elbow condition were denied.

The deciding factor: The decision was based on new evidence that supported an earlier effective date for the residuals of a gunshot wound to the right foot. The motion for revision or reversal on the basis of CUE was dismissed due to the correct facts being known at the time and the statutory provisions being correctly applied. The claims for radiculopathy, knee, hip, and elbow conditions were denied based on the evidence not supporting service connection.

Claimed conditions

Residuals of a gunshot wound to the right foot, Radiculopathy of the right lower extremity (claimed as right leg nerve condition), Right knee condition, Right hip condition, Right elbow condition

How they argued it

Reopened with new and material evidence

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 5, 2025

Citation

A25096468

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