The Board determined that the veteran's residuals of a shell fragment wound of the left thigh involving muscle groups XIII and XIV do not warrant a higher rating than 40 percent.
The deciding factor: The medical evidence did not support a finding of severe impairment, which would have warranted a higher rating. The veteran’s disability was evaluated based on his specific injuries to Muscle Groups XIII and XIV, with the most severely injured group (XIV) being rated at 30 percent and combined with the other affected groups.
- Claimed conditions
- shell fragment wound of the left thigh, osteoarthritis of the left knee and hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 23, 2006
- Citation
- 0605219
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The veteran was granted a 20 percent rating for left knee instability prior to February 7, 2021, and restoration of a separate 10 percent rating for a shell fragment wound of the left thigh. Other issues were denied or remanded.
- Remanded (sent back)
The Board has remanded three issues: increased rating for shell fragment wound of the left thigh, service connection for a low back disorder, and service connection for bilateral radiculopathy of the lower extremities. The Veteran is required to undergo VA examinations for these issues.
- Denied
The VA denied an increased disability evaluation for the veteran's shell fragment wound of the left thigh, Muscle Group XIV, currently rated at 10 percent.
- Granted
The Board has granted a 10 percent rating for the residuals of shell fragment wounds to the left arm and left thigh, finding that the scars are tender and painful.
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