The Board denied all claims for increased ratings, finding that the residuals of shell fragment wounds do not warrant evaluations in excess of 20 percent for lumbar paraspinal muscles and spondylosis of L5-S1 with scar, 20 percent for left buttocks with scar, 10 percent for right thigh muscle group XIV with lateral femoral cutaneous nerve injury and scar, or 10 percent for lower right leg. The Board also denied a separate compensable evaluation for the scar due to shell fragment wound to the right lower leg.
The deciding factor: The medical evidence did not support evaluations in excess of 20 percent for any of the residuals of shell fragment wounds as they were found to be related to minor shrapnel fragments and superficial scars, with no significant functional impairment or disability. The Board also noted that a separate compensable evaluation was not warranted for the scar due to the right lower leg.
- Claimed conditions
- residuals of shell fragment wound to the lumbar paraspinal muscles, spondylosis of L5-S1, shell fragment wound to the left buttock, shell fragment wound to the right thigh muscle group XIV with lateral femoral cutaneous nerve injury, residuals of shell fragment wound to the right lower leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2009
- Citation
- 0934430
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 0934430.
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- Remanded (sent back)
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