2009 Cue Case Granted Back To

[carlie]

http://www4.va.gov/vetapp09/files2/0919324.txt

Citation Nr: 0919324

Decision Date: 05/22/09 Archive Date: 05/26/09

DOCKET NO. 07-13 400A ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in St.

Petersburg, Florida

THE ISSUE

Entitlement to an effective date earlier than June 11, 1962

for the grant of service connection for a right shoulder

disability, including the question of whether there was clear

and unmistakable error (CUE).

CONCLUSION OF LAW

The rating decision of June 11, 1962 contained clear and

unmistakable error (CUE). 38 C.F.R. § 3.156© (2008).

ORDER

The rating decision of December 1962 contained clear and

unmistakable error by assigning an effective date of June 11,

1962 for the grant of service connection for a right shoulder

disorder, and an effective date of August 10, 1949 is

granted.