The VA determined that the veteran's residuals of a shell fragment wound to the left popliteal area with retained foreign body do not meet the criteria for a higher rating, as they are manifested by no more than moderate muscle damage affecting Muscle Group XIII.
The deciding factor: The disability is rated based on the current manifestations and does not meet the criteria for a higher evaluation due to the nature of the injury and its impact on muscle function.
- Claimed conditions
- shell fragment wound, retained foreign body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 12, 2004
- Citation
- 0418494
Veterans Law Judge
Decisions by this judge: 609 · Granted: 22% (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 0418494.
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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.
- Granted
The Veteran's left wrist brace, used to treat his service-connected shrapnel wound in the left hand with a retained foreign body, tends to cause wear and tear to his clothing. The Board granted an annual clothing allowance for the 2022 calendar year for this wrist brace.
- 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.
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