The Board has determined that the October 1968 rating decision was clearly and unmistakably erroneous in failing to award an 80% evaluation for the service-connected fracture of the right femur with femoral and sciatic nerve damage and complete foot drop under Diagnostic Code 8520. To this extent, the veteran's claim for an earlier effective date for the award of the 80% evaluation is granted, effective January 1, 1969.
The deciding factor: The medical evidence at the time of the October 1968 rating decision showed that the service-connected disability undebatably met the criteria for an 80% evaluation under Diagnostic Code 8520. The RO applied the incorrect diagnostic code (Diagnostic Code 5255) which did not contemplate sciatic nerve damage, to include foot drop.
- Claimed conditions
- fracture of right femur, femoral and sciatic nerve damage, complete foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- March 13, 2006
- Citation
- 0607231
Veterans Law Judge
Decisions by this judge: 1,242 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0607231.
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 Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment, and the Board has referred this case for consideration of an extraschedular TDIU under 38 C.F.R. § 4.16(b).
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of his service-connected disabilities.
- Granted
The Board has determined that the veteran's service-connected residuals of a fractured right femur with femoral and sciatic nerve damage and complete foot drop warrant an 80 percent disability rating, which is the maximum schedular evaluation available under Diagnostic Code 8520.
- 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.
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.