The Board has determined that there was clear and unmistakable error in the March 1990 rating decision reducing the veteran's disability rating from 20% to 10%, thus restoring a 20% rating for his service-connected residuals of a gunshot wound of the left foot. As this finding renders moot the issue of an earlier effective date, the Board is without jurisdiction to consider it.
The deciding factor: The March 1990 reduction in disability rating was based on incorrect application of regulations and failure to consider relevant evidence, constituting clear and unmistakable error.
- Claimed conditions
- gunshot wound of the left foot, fracture of the second metatarsal bone, traumatic arthritis of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 13, 2001
- Citation
- 0118361
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 0118361.
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
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- Remanded (sent back)
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- Granted
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- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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