The Board found clear and unmistakable error in the May 1970 rating decision that assigned noncompensable evaluations for SFW scars of the right buttock, left iliac crest, and left thigh. The May 1970 rating decision is revised to assign a 30 percent initial rating from January 13, 2018.
The deciding factor: The Board found that there was CUE in not applying muscle group ratings for the SFW of the left thigh due to its location and impact on motion.
- Claimed conditions
- Shell fragment wounds
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 25, 2018
- Citation
- 18138305
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 18138305.
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.
- Remanded (sent back)
The Board has reopened the claim of service connection for the cause of the Veteran’s death due to new and material evidence. The case is remanded for further analysis regarding whether the service-connected disabilities, exposure to Agent Orange, or underlying psychiatric disability related to service caused the Veteran's death.
- Denied
The Veteran's accrued benefits claims for increased ratings of PTSD and shell fragment wounds were denied as his income exceeded the maximum limit for nonservice-connected death pension benefits.
- 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.
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