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. Search VA.gov for the original decision (opens in a new tab) using citation 0118361.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's left foot condition, diagnosed as plantar fasciitis with callosities, is rated at 20 percent. The Board found that a higher rating is not warranted based on the current evidence.
- Remanded (sent back)
The Board has determined that the VA's carelessness, negligence, or lack of proper skill in providing post-surgical treatment for the Veteran's left leg and ankle condition proximately caused additional disabilities. The case is being remanded to allow for a thorough review of the medical records and an appropriate clinician's opinion.
- Remanded (sent back)
The Veteran's gunshot wound, left foot with Muscle Group X sensory residuals is currently rated at 30 percent and the issues regarding scar associated with the gunshot wound are also denied. The Veteran's diabetes mellitus is rated at 20 percent. His right upper extremity peripheral neuropathy is not higher than 30 percent, while his left upper extremity peripheral neuropathy is not higher than 10 percent.,The Veteran's PTSD and TDIU issues have been remanded for further development.
- Remanded (sent back)
The Veteran's GERD is granted with a 30 percent rating for the entire period on appeal. The RO has remanded cases regarding increased ratings for his left and right knee DJD, as well as traumatic arthritis of both ankles.
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