The Board's decision denying a separate rating for shortening of the right lower extremity is being revised due to clear and unmistakable error.
The deciding factor: The correct facts were not before the Board, leading to an incorrect application of regulations that precluded combining a rating for shortening with another rating for fractures or faulty union.
- Claimed conditions
- Shortening of right lower extremity, Muscle injury to Group XI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2001
- Citation
- 0120461
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 0120461.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection, shortening of lower extremities, and foot disabilities due to additional development being required. The TDIU claim is inextricably intertwined with these issues.
- Denied
The Board denied the veteran's claims for an increased disability rating for shortening of his right lower extremity and compensation under 38 U.S.C.A. § 1151 for a right shoulder disability resulting from VA treatment, finding that there was no additional disability due to such treatment.
- 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.
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