The Veteran's residuals of a femur fracture with shortening and total knee replacement were evaluated as noncompensable, and the Veteran was found not to be unemployable due to his service-connected disabilities.
The deciding factor: The evidence did not show that the Veteran's right leg disorder resulted in severe painful motion or weakness, nor did it indicate that his service-connected disabilities precluded him from securing a substantially gainful occupation.
- Claimed conditions
- Residuals of a fracture of the right femur with shortening and total knee replacement, Degenerative joint disease of the right hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 9, 2009
- Citation
- 0904476
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 Board granted service connection for degenerative joint disease of the right hip, left hip, and left shoulder, as well as PTSD. The claim for a higher rating for the right knee scar was denied.
- Granted
The Board granted service connection for degenerative joint disease of the right and left hips, as well as degenerative arthritis of the cervical spine and lumbar spine, resolving reasonable doubt in favor of the Veteran's surviving spouse.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's right hip disability is secondary to his service-connected fragment wounds of the bilateral lower extremities. The issue will be reconsidered after obtaining a new VA examination and considering any newly acquired evidence.
- Denied
The Board denied service connection for degenerative joint disease of the right knee, degenerative joint disease of the right hip, a right leg disorder other than degenerative joint disease of the right knee and hip, and bilateral hearing loss. The Board also denied an initial evaluation in excess of 10 percent for residuals of a right foot fracture.
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