The VA determined that the veteran's service-connected residuals of a gunshot wound to muscle groups XIII and XIV do not warrant a higher disability rating, as they result in no more than moderately severe impairment.
The deciding factor: The VA found that the veteran's range of motion for left hip was 0 to 80 degrees with some additional functional loss due to pain during flare-ups, which did not meet the criteria for a higher rating.
- Claimed conditions
- residuals of gunshot wound with compound comminuted fracture, muscle damage, degenerative changes, leg shortening
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 17, 2006
- Citation
- 0607760
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.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection of low back and cervical spine disabilities, including osteoarthritis and IVDS, to include as secondary to hypothyroidism. The Board ordered a new or supplemental examination and opinion.
- Remanded (sent back)
The Board remands the claim for service connection of left knee conditions to the AOJ for further development, including obtaining private treatment records and a VA medical opinion.
- Granted
The Veteran's service-connected patellofemoral pain syndrome and degenerative changes in the left knee are granted. Ratings of 20 percent for lumbar degenerative changes with narrowing of L5-S1, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are also granted.
- Granted
The Board has granted the Veteran's claim for service connection for a cervical spine condition, finding that it began during active service and is related to an in-service injury.
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