The March 7, 1969 rating decision establishing service connection for a shell fragment wound to the abdomen and assigning a zero percent rating is not considered clear and unmistakable error.
The deciding factor: The evidence of record at the time did not establish a through and through or deep penetrating wound, hospitalization in service for treatment, consistent complaints from the first examination, signs of moderate loss of deep fascia or muscle substance, or definite weakness or fatigue. The veteran's claim is denied as there was no clear error.
- Claimed conditions
- shell fragment wound to the abdomen
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- October 23, 2006
- Citation
- 0632736
Veterans Law Judge
Decisions by this judge: 1,454 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0632736.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's abdominal injury, including a shell fragment wound and exploratory laparotomy, is currently rated at 10 percent. The VA examiner found no evidence of service connection via the PACT Act or other presumptive conditions.
- Denied
The Board denied the Veteran's claims for service connection for Kaposi's sarcoma and an increased rating for his shell fragment wound to the abdomen. The Veteran's diabetes mellitus was granted an effective date of December 10, 1999.
- Remanded (sent back)
The veteran's appeal is being remanded due to the need for additional development, including review of new rating criteria and provision of VCAA notice.
- Granted
The veteran's claim for an effective date prior to September 20, 1984 for the grant of service connection for his wounds received in service was granted. The veteran also has been awarded a rating of 10 percent for venous insufficiency of the right lower extremity and a rating of 10 percent for arthritis of the right ankle.
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