The Board has determined that there was clear and unmistakable error in the November 1946 and September 1949 rating decisions, which assigned a 20 percent evaluation for the veteran's service-connected shell fragment wound of the left chest. The correct facts were not before the adjudicator at the time, as the evidence established that the veteran had sustained a comminuted rib fracture with muscle damage from the missile.
The deciding factor: The November 1946 and September 1949 rating decisions incorrectly assigned a 20 percent evaluation for the veteran's service-connected shell fragment wound of the left chest, which should have been a 30 percent evaluation due to the presence of severe muscle injury.
- Claimed conditions
- shell fragment wound of the left chest
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 11, 2003
- Citation
- 0334745
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 0334745.
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 found no clear and unmistakable error in the rating decisions of November 1946 and September 1949, which assigned a 20 percent evaluation for the veteran's service-connected shell fragment wound of the left chest. The appeal is denied.
- Denied
The VA has determined that the veteran's residuals of a shell fragment wound, left chest do not warrant an evaluation in excess of 20 percent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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