The Veteran's claim for a rating in excess of 30 percent for residuals of shell fragment wound of the left thigh has been granted, and he is now rated at 40 percent effective from July 8, 2004.
The deciding factor: The VA examination revealed that the Veteran had residual muscle injuries with some loss of deep fascia and muscle substance, limited internal rotation, retained foreign bodies, and scars. These findings met the criteria for a 40 percent rating under Diagnostic Code 5314.
- Claimed conditions
- shell fragment wound of the left thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 29, 2009
- Citation
- 0928303
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 0928303.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The veteran was granted a 20 percent rating for left knee instability prior to February 7, 2021, and restoration of a separate 10 percent rating for a shell fragment wound of the left thigh. Other issues were denied or remanded.
- Remanded (sent back)
The Board has remanded three issues: increased rating for shell fragment wound of the left thigh, service connection for a low back disorder, and service connection for bilateral radiculopathy of the lower extremities. The Veteran is required to undergo VA examinations for these issues.
- Denied
The Veteran's claim for a higher rating for residuals of a shell fragment wound of the left thigh before July 3, 1997 was denied by the Board. The evidence showed that the injury involved Muscle Group XIII and Muscle Group XIV in the same anatomical region affecting the left knee joint.
- Partly granted
The Veteran's service-connected left thigh fragment wound residuals are rated at 10 percent, with a separate rating of 10 percent for muscle damage. The Board has determined that the Veteran is entitled to these ratings based on his service-connected disability.
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