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
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for increased ratings of bilateral knee and ankle disabilities due to incomplete VA examinations.
- Granted
The Board granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
- Denied
The Board denied an initial evaluation more than 10 percent for the Veteran's service-connected degenerative joint disease of the right knee, as the evidence did not support a higher rating based on limitation of flexion or extension.
- Remanded (sent back)
The Board remands the matters for the AOJ to provide the Veteran with notice of his right to a pre-decisional hearing before the AOJ.
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