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 assigned
- None in this decision
- Decision date
- March 2, 2009
- Citation
- 0907628
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.
- Dismissed
The appeal for service connection for multiple conditions was dismissed due to the untimely filing of the Board Appeal request.
- Remanded (sent back)
The Board remands the claim for an adequate opinion to determine if the Veteran's left hip replacement was aggravated by his service-connected lumbar spine disability.
- Partly granted
The Board granted service connection for scars resulting from surgery for malignant melanoma incurred during active duty service and remanded the other claims for further development.
- Partly granted
The Board granted service connection for chronic kidney disease as secondary to the Veteran's service-connected leukemia and remanded several other claims for further development.
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