The Veteran's claim for a disability rating of 20 percent for his service-connected gunshot wound to the right thigh with healed fracture to the right femur has been granted. The Board also found that he is entitled to an additional 40 percent rating under Diagnostic Code 5317 for muscle Group XVII, which involves the gluteus maximus, medius, and minimus muscles due to his service-connected gunshot wound. However, the Veteran's claim for service connection for sleep apnea secondary to obesity due to PTSD and his service-connected gunshot wound has been denied.
The deciding factor: The Board found that the Veteran’s service-connected gunshot wound residuals did not meet the criteria for a higher rating than 20 percent under Diagnostic Code 5313, but granted an additional 40 percent rating under Diagnostic Code 5317 due to his muscle Group XVII disability. The sleep apnea claim was denied as there is no direct service connection.
- Claimed conditions
- gunshot wound to the right thigh with healed fracture to the right femur, sleep apnea secondary to obesity due to service-connected posttraumatic stress disorder (PTSD) and gunshot wound to the right thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 7, 2020
- Citation
- 20052562
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 20052562.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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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