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.
The deciding factor: The July 1972 and August 1972 decisions did not consider the severity of the Veteran's muscle injuries to Muscle Groups I, II, and IV, which were later found to be moderately severe.
- Claimed conditions
- Residuals of a gunshot wound to the left shoulder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 18, 2010
- Citation
- 1006051
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 1006051.
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 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.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
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