The July 1953 rating decision granted service connection and assigned a 40 percent disability rating for the veteran's gunshot wound to the left thigh, Muscle Group XIII. However, the Board found that this decision was clearly and unmistakably erroneous due to incorrect application of diagnostic criteria.
The deciding factor: The injury predominantly affected the hip and buttock muscles rather than just the hamstring muscle, which should have been evaluated under different diagnostic criteria for a more severe injury affecting multiple muscle groups.
- Claimed conditions
- Gunshot wound to the left thigh, Left hip injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 2, 2008
- Citation
- 0821844
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. Search VA.gov for the original decision (opens in a new tab) using citation 0821844.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for right ear hearing loss.,The Veteran's claim for left hip injury is remanded and will be reviewed again.
- Whole decision: Granted
The Board granted increased evaluations for the veteran's low back, right foot, left foot, right hip, and left hip injuries. The evaluations are based on the severity of the disabilities as determined by VA criteria.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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