The Veteran's appeal is denied as the VA has not granted a higher disability rating for his right leg and knee muscle injuries, despite evidence of significant impairment.
The deciding factor: The medical evidence shows severe muscle injury with atrophy and loss of muscle substance in multiple muscle groups, limiting the Veteran's ability to walk longer distances and causing early fatigue upon repeated motion. The current 40 percent rating is the maximum under Diagnostic Code 5313 for Muscle Group XIII.
- Claimed conditions
- Shrapnel Wound to Right Thigh, Degenerative Joint Disease of the Hips (related to shrapnel wound)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2012
- Citation
- 1204802
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 1204802.
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.
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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.
- 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.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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