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"Finally, the Board has also given consideration to the

provisions of 38 C.F.R. § 4.7, which provide that, where

there is a question as to which of two evaluations should be

assigned, the higher rating will be assigned if the

disability picture more nearly approximates the criteria

required for that rating."

from: http://www.va.gov/vetapp01/files02/0111307.txt

and 38 CFR 4.7

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