The Veteran's claim for an increased rating in excess of 30 percent for the service-connected residuals of a shrapnel wound to the left thigh involving Muscle Group XIII, with a retained foreign body is being remanded due to inadequate medical examinations and deficiencies identified by the Court.
The deciding factor: The VA examination reports did not substantially comply with prior remand directives, particularly in addressing whether more than one muscle group had been injured and the severity of any resulting disability or impact of retained foreign bodies on the Veteran's muscle function.
- Claimed conditions
- Muscle Group XIII
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2014
- Citation
- 1450659
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 1450659.
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.
- Denied
The Board denied an increase in the rating for right leg myalgia, finding that symptoms did not warrant a higher than 30 percent rating from January 4, 2013.
- Remanded (sent back)
The Board has remanded the case for further development due to inadequate medical examinations and incomplete service treatment records. The Veteran is to be provided with a VA examination to address the extent and severity of his service-connected residuals of a shrapnel wound to the left thigh.
- Granted
The veteran's hypothetical entitlement to a total disability rating for the requisite period of time due to service-connected disabilities has been established, allowing for DIC benefits under 38 U.S.C.A. § 1318.
- Granted
The Board has granted increased ratings for the appellant's service-connected gunshot wound residuals affecting Muscle Groups XI and XIII, with a rating of 20 percent for Muscle Group XI and 30 percent for Muscle Group XIII.
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