The Veteran seeks a compensable rating for his shell fragment wound scar on the popliteal area of the right lower leg. The case is REMANDED to provide an appropriate examination and consider whether separate ratings are warranted for any associated musculoskeletal or neurological impairment.
The deciding factor: The Veteran's claim requires additional evidence, specifically a VA examination to assess his current condition and determine if separate ratings are warranted for any associated musculoskeletal or neurological impairment.
- Claimed conditions
- shell fragment wound scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 10, 2009
- Citation
- 0946812
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 0946812.
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 granted a 10 percent rating for the Veteran's SFW scar of the left arm as of March 22, 2016. The appeal was denied prior to that date.
- Granted
The Veteran's shell fragment wound scar, claimed as a shell fragment wound, right lower extremity is related to his active military service. The appeal for an initial compensable rating for left ear hearing loss was withdrawn by the Veteran during the May 2012 Board hearing.
- Denied
The Veteran's claim for an increased evaluation, earlier effective date for a 10 percent evaluation, and TDIU are denied. The Veteran's claim for compensation at the 100 percent rate since discharge from service is also denied.
- Denied
The Veteran's claim for an earlier effective date for service connection of a shell fragment wound scar on his left buttock was denied. The RO granted service connection retroactively effective July 25, 2005, but did not consider whether he should have received this benefit in April 1971 when the VA initially considered and granted his claims for other shrapnel wounds.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.