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Read Disability Claims Articles
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Berta
""ORDER
Clear and unmistakable error in the February 1946 rating
decision having been shown, a 30 percent rating for the
residuals of shell fragment wounds of the left forearm is
warranted from December 14, 1945."
http://www.va.gov/vetapp08/files3/0820604.txt June 2008
"As
such, the rating board in February 1946 applied the correct
schedule. As will be explained, however, the application of
the schedule was clearly erroneous."
This case is a good example of how a legal error is committed when the wrong Schedule of Ratings criteria is applied to a claim.
The medical evidence -once established- can lead to a legal error by application of the wrong criteria in Schedule of Ratings.
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