In 1995 I was rated 40% for the following decision from Form 21-6796: Service connection for residuals through and through gunshot wound left thigh, entrance wound antero-medial aspect distal left thigh, exit wound antero-lateral distal thigh with fracture of patella, status post multiple debridement, incisions and drainage and open reduction internal fixation of patella fracture with adhesions and tender scars is granted with an evaluation of 40 percent.
In the reasons and bases section it states the evaluation of 40 percent is granted whenever the there is severe muscle disability and that history indicated a through and through or deep penetrating wound due to high velocity missile. Findings show extensive scarring indicating wide damage to muscle groups in the missile track. In layman’s terms what happened is I was shot in the lower thigh above the knee which destroyed 2 inches of quadriceps muscle and also shattered the patella. I asked the VA for the code this was rated under and they sent me a letter that stated this was rated code 5314 injury affecting knee extension & hip flexion 40% combined rating.
I have since developed arthritis of both knees so I filed a secondary claim for the arthritis in each knee. I was awarded 10 percent for the right knee as secondary but they included the left knee arthritis under the old 40 percent injury. No addition for the left knee arthritis. The new disabilities are stated as 0 percent for service connected scarring, 10 percent for secondary service connected right knee arthritis, and now under the old 40% it now reads residual gsw, left thigh entrance wound antero-medial aspect distal, exit wound antero-lateral distal, with fracture of patella, s/p debridement, incisions, drainage, ORIF of patella fracture with adhesions and degenerative arthritis.
I feel that I am probably getting hosed on the 40 percent rating as it seems they have combined a ton of different injuries into that one group. When I research decision letters I can find multiple decisions where the muscle wound is rated 40 percent alone and then separate ratings were given for the arthritis and patella injuries. Does anybody with knowledge agree with my self assessment? I do have a VSO but he was almost complacent with the original rating and I just want to make sure I am not letting the VA get away with a bad rating here. Also I am definitely appealing the scarring as a conservative measurement squared is 14.5 square inches. The scar is jagged and deep where the muscle was blown out. I am really confused by a 0 percent rating for that as I thought hat would be the easiest rating. Thanks for reading this long post.