The Veteran's claim for a compensable rating prior to November 12, 2008 and an increased rating in excess of 10 percent from that date was denied. The Veteran is not entitled to a compensable rating prior to November 12, 2008 due to the scar being superficial and non-painful. From November 12, 2008, he is not entitled to an increased rating as his scar does not meet the criteria for a higher evaluation under Diagnostic Code 7804.
The deciding factor: The Veteran's right leg scar was found to be superficial and non-painful prior to November 12, 2008, which precludes a compensable rating. From that date onward, his scar did not meet the criteria for a higher evaluation under Diagnostic Code 7804.
- Claimed conditions
- shell fragment wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2010
- Citation
- 1001583
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 1001583.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's death was not due to a service-connected disability that had been continuously rated totally disabling for at least ten years immediately preceding his death, or within five years of his discharge from active duty. Therefore, DIC benefits under 38 U.S.C. § 1318 are denied.
- Dismissed
The Board has dismissed the appeals for service connection for bullet and shell fragment wounds, as well as other claims due to the Veteran's death.
- Remanded (sent back)
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities is remanded. The Board requested a medical examination and opinion but found that the provided reports were not substantially compliant with their instructions.
- Granted
The Veteran's service-connected shell fragment wound was rated at 30 percent effective March 7, 2016. The Board found that the increase in disability was factually ascertainable as of this date.
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