The Veteran's appeals for increased evaluations of his shell fragment wound of the right thigh and metallic foreign body of the right tarsal have been dismissed due to withdrawal requests at a July 2014 hearing.
The deciding factor: The Veteran withdrew his appeal for these issues during the July 2014 Board hearing.
- Claimed conditions
- metallic foreign body of the right tarsal, shell fragment wound of the right thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2014
- Citation
- 1441641
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 1441641.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected residuals of a shell fragment wound to the right thigh are not rated higher than 10 percent prior to May 16, 2014.
- Granted
The Board has granted a rating of 30 percent for the Veteran's residuals of a shell fragment wound (SFW) of the right thigh, Muscle Group XIII. The issue of separate compensable ratings for scars of the right thigh and right calf prior to January 6, 2015 remains on appeal.
- Remanded (sent back)
The Board has remanded the claims for additional development due to a lack of compliance with previous remand directives. The Veteran's case was transferred and is now under the jurisdiction of the Wilmington, Delaware RO.
- Granted
The Veteran's right thigh shell fragment wound is currently rated at 30 percent, which reflects a moderately severe injury to Muscle Group XIII. The Board finds that the current rating adequately reflects the severity of his disability.
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