The Board has determined that the October 20, 1947 rating decision contained CUE in assigning separate 10% disability ratings for residuals of shell fragment wounds to Muscle Groups XIII and XV. The correct outcome would have been a single 30% disability rating effective June 7, 1946.
The deciding factor: The Board found that the October 20, 1947 decision incorrectly applied the applicable regulatory provisions, which required an elevated rating for injuries in the same anatomical region. The veteran's thigh injuries were within the same anatomical group and affected a single joint, thus entitling him to a single, elevated disability rating of 30%.
- Claimed conditions
- shell fragment wounds to Muscle Group (MG) XIII and MG XV
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 31, 2008
- Citation
- 0837612
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 0837612.
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 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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