The Veteran seeks an earlier effective date for a 10 percent evaluation of gunshot wound scars, but the Board finds that no earlier date can be awarded due to the finality of the November 1985 rating decision and the lack of a valid claim prior to May 2012.
The deciding factor: The Veteran's claim was received after the effective date of the initial grant of service connection, making it ineligible for an earlier effective date without a clear and unmistakable error motion.
- Claimed conditions
- gunshot wound scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 15, 2018
- Citation
- 18126708
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 18126708.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's gunshot wound scars to the left calf, arm, and thigh are currently rated at 20% under DC 7804. The evidence does not show that these scars meet or approximate the criteria for a higher rating.
- Denied
The Veteran's death was not caused by his service-connected conditions, and the criteria for DIC benefits under 38 U.S.C. § 1318 were not met.
- Granted
The Veteran's service-connected disabilities, including PTSD and gunshot wounds, render him unable to find and maintain substantially gainful employment.
- Granted
The Veteran's gunshot wound residuals, including muscle injury to Muscle Groups I and II, are rated at 30 percent. The scars of the neck and posterior chest are currently rated as 10 percent.
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