The Board has determined that the reduction of ratings for gunshot wound residuals of both knees was not properly made and is therefore void ab initio, restoring the original 20% ratings.
The deciding factor: The RO failed to comply with regulations requiring reasonable assurance of material improvement in conditions under ordinary life circumstances before reducing disability ratings.
- Claimed conditions
- gunshot wounds
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 7, 2005
- Citation
- 0506378
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 0506378.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's medical expenses incurred from November 18 to December 17, 2018 at Alabama University Hospital are granted for reimbursement, subject to the limitations on reimbursement set forth in 38 U.S.C. § 1725(c).
- Dismissed
The Veteran's appeal concerning service connection and increased rating for various conditions has been dismissed due to the death of the Veteran.
- Denied
The Veteran died from respiratory arrest/pneumonia, with underlying causes including congestive heart failure/coronary artery disease, renal failure, and multiple system atrophy (MSA). The service-connected conditions did not cause or contribute to his death. There is no evidence linking the metallic foreign bodies from gunshot wounds to MSA.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the nature and etiology of his claimed disabilities.
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