The Veteran's claim for an increased rating for a shell fragment wound to the right leg, with injury to Muscle Group XIV is being remanded due to incomplete consideration of whether a separate rating should be assigned for a muscle group below the right knee.
The deciding factor: The AOJ did not consider whether a separate rating for a muscle group below the right knee was appropriate based on the evidence showing a through-and-through wound to the right calf.
- Claimed conditions
- shell fragment wound to the right leg, injury to Muscle Group XIV
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2009
- Citation
- 0912421
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0912421.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's scar, related to a drain tube insertion during an in-service surgical procedure, is service-connected. The issue of Muscle Group XIV injury secondary to Muscle Group XVII injury remains under consideration.
- Remanded (sent back)
The Veteran's claim for automobile and adaptive equipment or for adaptive equipment only is being remanded due to the need for additional development, including a VA examination.
- Granted
The Veteran's hypertension, shell fragment wound to the right leg, and shin splints were all granted service connection. The Veteran was assigned a 10 percent evaluation for his shell fragment wound of the right upper arm.
- Denied
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