The Board finds that a separate rating for the service-connected osteomyelitis of the left tibia is denied as it would violate the 'amputation rule' under VA regulations.
The deciding factor: A combined rating cannot be favorably applied in this case due to the current 40 percent rating assigned on the basis of the amputation residuals, which violates the 'amputation rule'.
- Claimed conditions
- osteomyelitis of the left tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 12, 2006
- Citation
- 0613947
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (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 0613947.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran required assistance in accomplishing activities of daily living and was unable to protect himself from hazards due to his service-connected disabilities, leading to a grant of SMC based on need for aid and attendance.
- Denied
The Board has determined that the service-connected disabilities did not cause or contribute to the Veteran's death from pneumonia. The appellant's claim for service connection for the cause of the Veteran's death is denied.
- Denied
The Board denied the veteran's claims for service connection for numbness of the left foot and a compensable rating for osteomyelitis of the left tibia, finding no evidence of active or recurrent osteomyelitis.
- Remanded (sent back)
The Board has remanded the case due to incomplete information in the VA examination report and a need for further medical evaluation of the appellant's service-connected left tibia disability and osteomyelitis of the left tibia.
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