The veteran's claim for an increased rating for residuals of a fracture of the right femur and tibia with impairment of the femoral artery and sciatic nerve and degenerative joint disease of the right knee is granted, resulting in a disability rating of 80 percent. The claims for increased ratings for residuals of a fracture of the left femur with sciatic nerve involvement, due to a shell fragment wound, and for degenerative joint disease of the left ankle are denied.
The deciding factor: The evidence supports that the veteran's service-connected disabilities more nearly approximate amputation of the lower extremity at the upper third of the thigh for the right knee condition, resulting in an increased rating to 80 percent. The other claims were not supported by the evidence provided.
- Claimed conditions
- Residuals of a fracture of the right femur and tibia with impairment of the femoral artery and sciatic nerve and degenerative joint disease of the right knee, Residuals of a fracture of the left femur with sciatic nerve involvement, due to a shell fragment wound, Degenerative joint disease of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- August 30, 2004
- Citation
- 0424219
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 0424219.
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.
- Denied
The Veteran's claim for eligibility for specially adapted housing and special home adaptation grant was denied as he does not meet the criteria for a qualifying total service-connected disability rating or loss of use of lower extremities.
- Dismissed
The appeal for increased ratings for degenerative joint disease of the left ankle and erectile dysfunction was withdrawn by the Veteran, resulting in their dismissal. The claims for allergic rhinitis, lumbar spine degenerative disc disease, gastroesophageal reflux disease, and migraine headaches are remanded for further development.
- Granted
The Veteran's service-connected left and right ankle disabilities prevented him from securing or following substantially gainful employment, leading to a TDIU on an extraschedular basis.
- Granted
Service connection is granted for thrombosis of the left axillary and subclavian vein. The Board also finds that service connection is warranted for degenerative joint disease of the right ankle, left ankle, left shoulder, right shoulder, epicondylitis of the left elbow, epicondylitis of the right elbow, degenerative joint disease of the cervical spine, and degenerative joint disease of the lumbar spine. Service connection was not granted for peripheral neuropathy of the right lower extremity, left lower extremity, right upper extremity, or left upper extremity.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.