The Veteran's service-connected gunshot wound, right upper chest, with residuals of empyema and thoracoplasty is currently rated at 40 percent. The RO has granted a separate 10 percent evaluation for injury to the right upper chest affecting Muscle Group I prior to September 29, 2008 and in excess of 10 percent thereafter. A 20 percent evaluation was assigned for injury to the right upper chest of Muscle Group III.
The deciding factor: The Veteran's service-connected gunshot wound, right upper chest, with residuals of empyema and thoracoplasty is rated at 40 percent under Diagnostic Code 5302 (Muscle Group II). The RO has granted a separate evaluation for injury to the right upper chest affecting Muscle Group I based on moderate disability. A 10 percent rating was assigned as of October 15, 2004. For Muscle Group III, a 20 percent rating was assigned.
- Claimed conditions
- gunshot wound, right upper chest, injury to the right upper chest affecting Muscle Group I, injury to the right upper chest affecting Muscle Group III
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 10, 2009
- Citation
- 0929843
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 0929843.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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: Remanded (sent back)
The veteran's claim for an increased evaluation for his service-connected gunshot wound, right upper chest with residuals of empyema and thoracoplasty is being remanded due to the need for further examination and consideration.
- 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.
- Whole decision: Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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