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Board of Veterans' Appeals · AMA series

Entitlement to revision on the basis of clear and unmistakable error (CUE) of a June 7, 1972, rating decision that assigned an initial noncompensable rating for left anterior chest scar under Diagnostic Code (DC) 7805,…

July 30, 2026Citation Nr. A26069905Docket 260223-628363va.gov source

  • left anterior chest scar residuals - DC 7805 (initial rating)Denied
  • service connection for anxiety neurosisDenied
  • earlier effective date for PTSD based on CUE in March 27, 1991 rating decisionDenied

Board reasoning

The Board reviewed a June 7, 1972 rating decision and subsequent related decisions, concluding that the AOJ did not err in evaluating the left chest scar under a scar code because the record showed a scar with no additional muscle injury symptoms. It also found that evidence at the time supported that anxiety neurosis preexisted service, so the presumption of soundness error was not outcome-determinative. Regarding the PTSD effective date issue, the Board found that even with March 1983 service records, the prior findings of preexisting psychiatric disability and in-service manifestations meant the outcome would not change, and thus CUE was not established. In sum, the prior final decisions were not shown to contain CUE that would alter the denial as to initial scar rating, preexisting psychiatric condition, or PTSD effective date.

Issues

  • left anterior chest scar residuals - DC 7805 (initial rating)Denied
  • service connection for anxiety neurosisDenied
  • earlier effective date for PTSD based on CUE in March 27, 1991 rating decisionDenied

Authorities

  • Evans v. McDonald, 27 Vet. App. 180Defines CUE standard and outcomes for CUE analysis
  • Damrel v. Brown, 6 Vet. App. 242Explains manifest change in outcome required for CUE
  • George v. McDonough, 142 S. Ct. 1953Addresses retroactivity of new legal interpretations on final decisions

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.