The Board has ordered a remand to determine if separate ratings can be assigned for Muscle Group XI and Muscle Group XII disabilities, given the complexity of the medical issues involved.
The deciding factor: Separate evaluations cannot be assigned where there are compensable muscle group injuries in the same anatomical region but not acting on the same joint.
- Claimed conditions
- Muscle Group XII
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 2, 2010
- Citation
- 1028845
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 1028845.
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 Veteran's residuals of an injury to right lower extremity, Muscle Group XII status-post residuals of shell fragment wound are rated at a 20 percent rating, effective from the entire appeal period. The Board found that his disability most nearly approximates a moderately severe disability.
- Granted
The Board has granted an increased evaluation of 20 percent for the veteran's residuals of a wound to the left leg, effective from the date of the claim.
- 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.
- 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.
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