The Board denied service connection for residuals of a gunshot wound to the left leg and right hip replacement, finding clear and unmistakable evidence that these conditions existed prior to service and were not aggravated by service.
The deciding factor: The decision was based on clear and unmistakable evidence showing the Veteran's pre-existing gunshot wound to the left leg with foot drop, which did not worsen during service. The right hip replacement was unrelated to any incident of service or a service-connected condition.
- Claimed conditions
- residuals of a gunshot wound, left leg, left hip replacement
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 2, 2009
- Citation
- 0907628
Veterans Law Judge
Decisions by this judge: 1,738 · Granted: 17% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0907628.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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: Denied
The Veteran's claims for effective dates earlier than October 26, 2014, for service connection and TDIU were denied.,The Veteran's claim for DEA benefits was also denied.
- Whole decision: Remanded (sent back)
The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection related to his bilateral hips, lumbar disability, and lower extremity radiculopathy. The appeals are being remanded.
- Whole decision: Granted
The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, including ischemic heart disease, left hip replacement, and PTSD. The decision grants special monthly compensation based on need for regular aid and attendance.
- Whole decision: Denied
The Veteran's service-connected disabilities do not preclude him from securing and maintaining all forms of substantially gainful employment during the rating period prior to June 22, 2020. However, as he is now receiving a combined 100% rating for his service-connected disabilities effective June 22, 2020, entitlement to TDIU for this period is denied.
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