The Veteran's claim for a 10 percent rating under 38 C.F.R. § 3.324 before May 2, 2019 is denied as he has received compensable ratings since April 2013. The claims for increased ratings of residuals of shell fragment wound and scar are remanded due to the need for additional development.
The deciding factor: The Veteran's claim under section 3.324 was previously denied because he had already been receiving compensable ratings for his service-connected disabilities, making it impossible to grant a rating under this regulation.
- Claimed conditions
- Multiple noncompensable service-connected disabilities, Residuals of a shell fragment wound, left chest, Scar of the left chest
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2022
- Citation
- 22063330
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 22063330.
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 Veteran's claim for a 10 percent evaluation based on multiple noncompensable service-connected disabilities and a compensable rating for bilateral foot onychomycosis is denied.
- Remanded (sent back)
The Veteran's appeal is remanded for additional evaluations of her right and left knee iliotibial band syndrome. The combined evaluation for multiple noncompensable service-connected disabilities remains denied.
- Remanded (sent back)
The Veteran's claim for a compensable rating for acute/intermittent sinusitis and multiple, noncompensable service-connected disabilities is being remanded due to the inextricability of these issues with other claims on appeal.
- Remanded (sent back)
The Board has remanded the claim due to an issue regarding clear and unmistakable error in a previous rating decision, which is intertwined with the current appeal for a 10 percent rating under 38 C.F.R. § 3.324 prior to February 9, 2015.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.