The Board has determined that the February 1946 and May 1948 rating decisions involved clear and unmistakable error in assigning a 10 percent disability evaluation for the service-connected shrapnel wound scars. The May 1995 rating decision, however, did not involve CUE as there was no evidence of record at that time supporting a higher rating.
The deciding factor: The veteran's right thigh injury could only be described as moderate and did not meet the criteria for designation as moderately severe under VA regulations.
- Claimed conditions
- shrapnel wounds
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 15, 2001
- Citation
- 0107828
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0107828.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the reopening of a claim for service connection for shrapnel wounds because new evidence did not establish a current diagnosis related to service.
- Remanded (sent back)
The Board has reopened the claim for service connection for shrapnel wounds due to new and material evidence. The issue of service connection for hypertension is remanded as there is insufficient information on whether it is related to herbicide exposure in Vietnam.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for shrapnel wounds and unspecified skin condition on bilateral lower extremities due to lack of current diagnosis or manifestations. The case is remanded for further development, including an addendum opinion from a VA examiner.
- Denied
The Veteran's service-connected disabilities have not rendered him unemployable or unable to secure or follow a substantially gainful occupation for the period on appeal prior to June 1, 2009.
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