The January 1953 rating decision denied the Veteran's claims for service connection, assigning a 30 percent rating for gunshot wound of the right thigh with neuropathy, sensory only; a 10 percent rating for scar, gunshot wound of the left buttock; and no rating for scar of the left knee. The RO found that there was clear and unmistakable error in not assigning separate evaluations for muscle injuries.
The deciding factor: The January 1953 rating decision did not address the nature of the Veteran's gunshot wound to Muscle Group XVII, which involved his left thigh.
- Claimed conditions
- gunshot wound of the right thigh, Muscle Group XV, scar, gunshot wound of the left buttock, scar of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 14, 2012
- Citation
- 1238821
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 1238821.
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.
- Remanded (sent back)
The Board has remanded several issues for further development, including VA examinations to assess the current nature and severity of various conditions. The Veteran's service connection claims are not addressed as they involve direct service connection.
- Remanded (sent back)
The Board has remanded the Veteran's increased rating claims for bilateral knee disabilities and a scar of the left knee due to insufficient consideration of ankylosis of the knees, as well as inextricably intertwined issues.
- Remanded (sent back)
The Veteran's claims for service connection for sleep apnea, bilateral hearing loss disability, erectile dysfunction, a sleep disorder (RLS), and a headache disorder (migraines) are being remanded due to the need for additional development.,The Veteran's claim of entitlement to an evaluation higher than 10 percent for patellofemoral syndrome of the left knee is being remanded due to the need for additional development.,The Veteran's claim of entitlement to a compensable evaluation for a scar of the left knee is being remanded due to the need for additional development.,The Veteran's claim of entitlement to an evaluation higher than 10 percent prior to May 29, 2018 and higher than 40 percent from that date for low back strain is being remanded due to the need for additional development.,The Veteran's claim of entitlement to a separate evaluation for bilateral sciatic radicular pain is being remanded due to the need for additional development.,The Veteran's claim of entitlement to a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development.
- Denied
The Veteran's claims for service connection for various conditions, including PTSD, were denied. The Board found that the evidence did not support a finding of an in-service stressor and that the preexisting scars on the left arm and knee were not aggravated by service.,There is no indication of any exposure to Agent Orange or Camp Lejeune, and there are no findings regarding any other presumptive conditions.
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