The Board granted a 40 percent rating for the veteran's service-connected right femur disability and denied an increased rating for his service-connected right knee disability.
The deciding factor: The veteran's right femur disability resulted in marked impairment of the hip, warranting a higher rating than previously assigned. The right knee disability did not meet the criteria for a higher initial rating under DC 5260 or DC 5261.
- Claimed conditions
- Right femur fracture, Post-traumatic degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 31, 2008
- Citation
- 0845125
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 0845125.
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 right femur fracture condition is currently rated at 10 percent, the maximum schedular rating available. The Board finds no evidence of symptoms not contemplated by this current rating and thus denies a higher initial disability evaluation.
- Granted
The Veteran's right femur fracture with right leg shortening and limitation of motion have been granted separate ratings, but no higher than 10 percent each. The rating for limitation of flexion is effective from October 6, 2022, while the rating for limitation of adduction remains effective from October 6, 2022.
- Denied
The reduction of the disability rating for service-connected right femur status post fracture with limited range of motion of the right hip was proper and denied.
- Remanded (sent back)
The Veteran's right femur fracture and leg length discrepancy are currently rated at 20 percent. The Board is remanding the case to clarify whether there has been nonunion of the right femur during the appeal period, which could affect the rating.
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