The Board found that the July and August 1972 rating decisions, which assigned a 20% evaluation for residuals of a gunshot wound to the left shoulder, contained clear and unmistakable error (CUE) as they failed to consider moderately severe muscle injury to Muscle Groups I, II, and IV. Had service connection been granted for these injuries at the time, the veteran's combined rating would have been 30%.
The deciding factor: The July 1972 and August 1972 rating decisions did not account for moderately severe muscle injury to Muscle Groups I, II, and IV, which were present based on service medical records.
- Claimed conditions
- Residuals of a gunshot wound to the left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 11, 2007
- Citation
- 0728478
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 0728478.
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 Veteran's claim for a rating in excess of 30 percent for residuals of a gunshot wound to the left shoulder was denied. The Board also found that referral for an extraschedular rating was not warranted.
- Granted
The Board found there was CUE in the July 1972 and August 1972 rating decisions which failed to grant service connection for moderately severe muscle injuries to Muscle Groups I, II, and IV. Had service connection been granted such disabilities at the time, the Veteran's combined rating would have been 30 percent.
- Granted
The veteran's claim for increased rating and total unemployability due to service-connected disabilities has been granted. The left shoulder condition is rated at 40 percent, while the other conditions are also rated appropriately.
- 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.
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