The Board denied a claim alleging clear and unmistakable error in the December 1994 rating decision that assigned a 20 percent evaluation for residuals of a fracture of the right femur with knee involvement. The evidence did not support granting a higher rating based on marked knee disability or severe muscle injury.
The deciding factor: The Board found no clear and unmistakable error in the original rating decision as there was insufficient evidence to support a higher rating based on marked knee disability or severe muscle injury.
- Claimed conditions
- fracture of the right femur, degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 27, 2001
- Citation
- 0123583
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 0123583.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased ratings for his bilateral hips and right knee are being remanded due to duty-to-assist errors. The VA is required to obtain the Veteran's SSA disability benefits records, provide supplemental opinions regarding the ameliorative effects of medication on his hip and knee disabilities, and correct any duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, as well as his right knee scar. The RO must attempt to obtain all available private treatment records from the Tennessee Orthopedic Clinic.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative joint disease of the left (non-dominant) shoulder, right knee, and left knee are being remanded due to a failure to issue a Supplemental Statement of the Case (SSOC).,The Veteran's claim for TDIU is also being remanded as it was denied in the most recent rating decision without an SSOC having been issued.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
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