The veteran's residuals of a left femur fracture do not warrant a rating in excess of 40 percent, and his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
The deciding factor: The evidence does not show ankylosis, flail joint, false joint, nonunion, or any other criteria for higher ratings under the applicable diagnostic codes. Additionally, while the veteran's service-connected disabilities affect his ability to work, they do not meet the criteria for a TDIU.
- Claimed conditions
- Residuals of a left femur fracture, Traumatic arthritis of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2009
- Citation
- 0902880
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.
- Partly granted
The Veteran was granted ratings for his left and right knee disabilities, as well as special monthly compensation and TDIU.
- Remanded (sent back)
The Board is remanding the claims for increased ratings and TDIU due to a duty-to-assist error regarding missing VA treatment records.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment due to his physical impairments, which prevent him from performing the required tasks in a warehouse job.
- Denied
The Board denied the Veteran's claims for increased ratings for his right knee, left knee, and shoulder disabilities.
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