The Board has determined that the January 21, 1970 decision incorrectly assigned a 20% evaluation for the veteran's service-connected gunshot wound to muscle groups I and II, right major. The correct evaluation should have been 30%. This error is considered clear and unmistakable.
The deciding factor: The applicable regulations at the time of the January 1970 decision incorrectly applied the criteria for evaluating multiple muscle injuries in the same anatomical region, leading to an underrating of the veteran's disability.
- Claimed conditions
- gunshot wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- July 8, 2002
- Citation
- 0207366
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 0207366.
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.
- Remanded (sent back)
The Board remands the claim for service connection for cause of death to ensure all available service treatment records are obtained and an additional medical opinion is provided.
- Dismissed
The Veteran's appeal to reopen a previously denied claim for service connection of residuals from a gunshot wound to the left leg has been dismissed due to the Veteran withdrawing his request.
- Denied
The Veteran's appeals for increased ratings for his service-connected right index finger, long finger, ring finger, and little finger disabilities were denied. A separate rating of 10 percent was granted for degenerative arthritis in the right ring and little fingers effective October 11, 2013.
- Granted
The Veteran's claim for a higher rating for his gunshot wound to the right arm was granted, with a 30% rating being assigned. The previous noncompensable rating has been revised.
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