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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
GREGORY COPELAND, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before BARTLEY, Chief Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
BARTLEY, Chief Judge: Self-represented veteran Gregory Copeland appeals an October
25, 2018, Board of Veterans’ Appeals (Board) decision that determined that there was no clear and
unmistakable error (CUE) in a November 1971 regional office (RO) decision denying special
monthly compensation (SMC) for loss of use of the right elbow. Record (R.) at 4-10. For the
reasons that follow, the Court will set aside the October 2018 Board decision and remand the
matter for further adjudication consistent with this decision.
Mr. Copeland served honorably on active duty service in the U.S. Marine Corps from May
1967 to January 1969, including service in Vietnam. R. at 1027. In December 1967, he sustained
a gunshot wound to the right shoulder. R. at 953. In March 1968, the bullet was surgically removed
from his right shoulder. R. at 956. In May 1968, he sustained a second gunshot wound to the left
buttock. R. at 976.
Mr. Copeland’s service treatment records (STRs) include the following treatment notes:
“hand swollen, could not turn arm” (July 22, 1968), R. at 654; “he does complain of pain in IV
arm” (August 2, 1968), R. at 879; “complained about the IV hurting where the needle enters the
vein” (August 3, 1968), R. at 881; “IV #4 absorbed but infiltrated into surrounding tissue –
discontinued” (August 4, 1968), id.; “he has been exercising right arm
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Single Judge Application; SMC 1971; CUE 1971; 38 C.F.R. § 4.63 (1970); 38 C.F.R. §§ 3.350(a)(2)(i) (2019); 4.63(a) (2019); Cousin v. Wilkie, 905 F.3d 1316, 1321 (Fed. Cir. 2018) (finding CUE in a 1954 RO decision based on a legal error and the Secretary's concessions that the undisputed facts favored the veteran);
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-0802GREGORY COPELAND, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before BARTLEY, Chief Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.BARTLEY, Chief Judge: Self-represented veteran Gregory Copeland appeals an October25, 2018, Board of Veterans' Appeals (Board) decision...