The Board denied an increased (compensable) evaluation for a right elbow shell fragment wound scar, finding no evidence of retained foreign bodies or shell fragments and noting the veteran's initial injury occurred during World War II service. The scar is currently shown to be superficial, freely movable, nontender, and without disability.
The deciding factor: The Board found that there was no evidence of retained foreign bodies or shell fragments in the right elbow, contrary to the veteran's assertion.
- Claimed conditions
- shell fragment wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2004
- Citation
- 0401399
Veterans Law Judge
Decisions by this judge: 2,776 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0401399.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's death was not due to a service-connected disability that had been continuously rated totally disabling for at least ten years immediately preceding his death, or within five years of his discharge from active duty. Therefore, DIC benefits under 38 U.S.C. § 1318 are denied.
- Dismissed
The Board has dismissed the appeals for service connection for bullet and shell fragment wounds, as well as other claims due to the Veteran's death.
- Remanded (sent back)
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities is remanded. The Board requested a medical examination and opinion but found that the provided reports were not substantially compliant with their instructions.
- Granted
The Veteran's service-connected shell fragment wound was rated at 30 percent effective March 7, 2016. The Board found that the increase in disability was factually ascertainable as of this date.
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