The veteran's claim for a higher rating for residuals of right tibial and fibular fracture, including right leg shortening and peroneal and tibial nerve neuropathies, is denied due to the 'amputation rule'.
The deciding factor: The combined service-connected disability ratings for the veteran's right lower extremity, below the knee, is 40 percent, which violates the amputation rule.
- Claimed conditions
- residuals of right tibial and fibular fracture, degenerative joint disease of the right ankle, hammer toes, right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 13, 2002
- Citation
- 0209779
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 0209779.
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 hammer toes, bilateral pes planus, and left knee patellofemoral pain syndrome to obtain an adequate medical opinion.
- Granted
The Board granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
- Dismissed
The Veteran withdrew his appeal for service connection for flatfoot (pes planus) and hammer toes, right foot, as secondary to hallux valgus status post bunionectomy.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a lack of proper notice of the Veteran's right to a pre-decisional hearing before the AOJ.
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