The Veteran's death was caused by his service-connected gunshot wound residuals, which led to a sedentary lifestyle and ultimately contributed to the development of arteriosclerotic heart disease. The September 16, 1947 rating decision that reduced his disability evaluation from 100% to 80% is found to contain CUE due to its failure to consider the Veteran's unemployability.
The deciding factor: The service-connected gunshot wound residuals caused a sedentary lifestyle and contributed to the development of arteriosclerotic heart disease, which led to the Veteran's death. The September 16, 1947 rating decision failed to consider the Veteran's unemployability when reducing his disability evaluation.
- Claimed conditions
- perforating wound of the upper third of the left thigh, penetrating wound of the lateral surface of the left ankle, complete paralysis of the left sciatic nerve, loss of use of the left foot, flair foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- November 4, 2009
- Citation
- 0942125
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 0942125.
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.
- Partly granted
The Veteran's left knee disability was granted a 20 percent rating for lateral instability from January 4, 2019, and a 10 percent rating for symptomatic removal of semilunar cartilage from June 13, 2017, to August 22, 2018. The claims for an earlier effective date, increased rating for extension, separate rating for shin splints, and special monthly compensation were denied.
- Denied
The Board denied the veteran's claims for service connection for a below-knee amputation of the left leg and special monthly compensation based on loss of use of the left foot. The evidence showed that the amputation was due to peripheral vascular disease, not the veteran's service-connected radiculopathy.
- Denied
The Veteran's disability ratings for loss of use of the left foot and right hand were reduced, but the termination of benefits related to these disabilities is upheld.,Special Monthly Compensation, specially adapted housing benefits, automobile and adaptive equipment allowance, total disability rating based on individual unemployability due to service-connected disability (TDIU), and Dependents' Educational Assistance eligibility were all terminated.
- Granted
The Veteran's service-connected disabilities, including coronary artery disease with bypass graft, kidney disease, diabetes mellitus type II, and peripheral neuropathy of the lower extremities, require his wife to assist him in daily activities due to his inability to care for himself.
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