The Board denied the Veteran's claims for revision of the May 1984 administrative decision and rating decision, which determined that injuries incurred in August 1982 were the result of willful misconduct, on the basis of clear and unmistakable error (CUE).

The deciding factor: The correct facts as they were known at the time, were before the adjudicators, and statutory and regulation provisions extant at the time were correctly applied; it was not absolutely clear that a different result would have ensued if the error had not been made.

Claimed conditions

displaced disc and vertebral fracture repaired s/p spinal surgery with degenerative disc disease (previously denied as chronic thoracolumbar spine condition (now claimed as lumbar spondylolysis)), encephalomalacia and residuals of left occipital fracture (previously denied as residuals of traumatic brain injuries resulting from an auto accident (now claimed as residuals of left occipital skull fracture)), traumatic brain injury (TBI) (previously denied as residuals of traumatic brain injuries resulting from an auto accident)

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

December 10, 2025

Citation

A25106496

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